Insights

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Dec 18, 2014 | House Bill 87: Proposed Amendments to Florida's Construction Defect Act

By Michael Furbush, Partner, Board Certified Specialist - Business Litigation and Thomas Wert, Partner, Board Certified Specialist - Construction Law On December 9, 2014, the Florida House of Representatives introduced a bill that would substantia...

Dec 17, 2014 | U.S. and Cuba to Reestablish Diplomatic Relations

Earlier today, President Barack Obama announced that the U.S. and Cuba are set to normalize diplomatic relations, marking a thaw in one of the last remaining remnants of Cold War-era foreign policy. As a part of resuming diplomatic relations with...

Dec 15, 2014 | 2015 Spending Bill Passes Congress, Suspends Hours-of-Service Regulations Related to 34-Hour Rest Period

In an unusual Saturday evening vote, Congress passed a $1.1 trillion spending bill that the White House has indicated President Barack Obama will sign.  The bill is about more than spending. It includes regulations affecting everything from bankin...

Dec 12, 2014 | As Threatened, NLRB Implements Ambush Election Rules

On December 11, 2014, our Alert warned that the NLRB’s ruling to allow employees to use company-provided email systems for union organizing was perhaps the first of a flurry of pro-union rulings to be released between now and the end of the year. Tod...

Dec 11, 2014 | Employees Now Allowed to Use Company-Provided Email Systems for Union Organizing

The National Labor Relations Board, by a 3-2 vote, just reversed legal precedent to declare that workers have a right to use their employers’ email systems for non-business purposes, including union organizing. The Board specifically stated, “We deci...

Dec 9, 2014 | HHS Fines Nonprofit for HIPAA Security Violation Related to Poor IT Practices

Yesterday, the United States Department of Health and Human Services (HHS) slapped a mental health nonprofit with a $150,000 fine for HIPAA security rule violations. The Alaskan nonprofit failed to follow basic information technology practices, such...

Nov 20, 2014 | New OSHA Reporting Requirements Go Into Effect January 1, 2015

Beginning January 1, 2015, employers will need to comply with the Occupational Safety and Health Administration’s (OSHA) new requirements for reporting employee fatalities and severe injuries. The new rule requires employers to report to OSHA all wor...

Nov 11, 2014 | Investor Advisory Committee Advises SEC to Revisit Definition of "Accredited Investor" and Provide Enhanced Protections

The amount of funds raised through private placements has become increasingly significant in the United States. When companies are not conducting a public offering and raise capital through a private placement instead, they often seek to demonstrate...

Nov 7, 2014 | 2014 Election Results

The 2014 mid-term election was dominated by Republicans in Ohio and across the country. On the federal level, the Republican Party maintained control of the U.S. House of Representatives, gaining a net total of 14 seats, for a total of 243. Of Ohio’s...

Nov 7, 2014 | Ohio Does Not Recognize Dual Intent Doctrine

While many jurisdictions recognize the dual intent doctrine, which allows a workers’ compensation claim when a worker is injured while traveling for both business and personal purposes, Ohio does not. In an October 21, 2014 decision, the Ohio Supreme...

Oct 28, 2014 | Increase in DOL Investigations of Health Care Benefit Denials

As a part of its health plan audits for Fiscal Year 2015, we expect the Department of Labor (DOL) Employee Benefit Security Administration (EBSA) to continue to focus on compliance, especially given the group health plan reform mandates of the Patien...

Sep 24, 2014 | Does Your Wellness Plan Meet the Reasonable Alternative Standard?

As fall open enrollment approaches, now is the time for Plan Sponsors to reevaluate their wellness programs and confirm that they comply with the regulations issued under the Affordable Care Act. The Departments of Labor, Treasury, and Health and Hum...

Sep 22, 2014 | FSMA Rules: One Last Chance to Submit Comments

On September 19, 2014 the U.S. Food and Drug Administration (FDA) made available revised versions of four draft rules which had been previously published and for which the comment period had closed. These draft rules were originally proposed in 2013...

Sep 16, 2014 | Department of Labor Targets Restaurant Industry Employers

The Wage and Hour Division of the Department of Labor has recently escalated enforcement initiatives throughout the U.S. to identify and remedy labor violations in the restaurant industry. The Department of Labor views low-wage workers who lack knowl...

Sep 5, 2014 | Federal Banking Regulators Finalize Liquidity Rules

On September 3, 2014, in response to lingering liquidity concerns in the wake of the financial crisis, federal banking regulators finalized their rule requiring the largest U.S. banks to hold enough liquid assets to survive another financial emergenc...

Sep 3, 2014 | The Deadline for Plan Compliance with the Mental Health Parity and Addiction Equity Act Looms

The Department of Labor (DOL) has broad authority to investigate and audit employers’ benefit plans for compliance with the Employee Retirement Income Security Act (ERISA). The DOL’s Employee Benefits Security Administration (EBSA) performs the audit...

Aug 21, 2014 | An ADA Trap for the Unwary - Noncompliant Websites

Businesses must brace themselves for a tidal wave of accessibility-related lawsuits focused on websites that do not comply with the Americans with Disabilities Act (ADA). While most companies with 15 or more employees that are open to the public know...

Aug 19, 2014 | HIPAA Breach at Community Health Systems, Inc. Affects 4.5 Million Individuals

Community Health Systems, Inc., announced yesterday in a filing to the Securities and Exchange Commission that its computer network was targeted by cyber criminals believed to be from China. The attackers reportedly used malware and technology to tra...

Aug 18, 2014 | Important Information Regarding Depositing Checks

If your Association receives a partial payment that includes a restrictive endorsement similar to "paid in full" or "full and final satisfaction," you should contact our office to confirm whether you should deposit the check or return it to the own...

Aug 11, 2014 | IRS Issues Draft Forms for 2015 ACA Reporting

On July 24, 2014, the Internal Revenue Service released drafts of the forms that large employers will be required to file in order to show that the health coverage they offer to their employees complies with the Affordable Care Act (ACA) “shared resp...

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