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Jun 11, 2021 | Will Cannabis Ever Be Legalized at the Federal Level?

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage of the Marijuana Opportuni...

Jun 11, 2021 | OSHA Issues COVID-19 Rules for Healthcare Employers Only

On June 10, 2021, Marty Walsh, Labor Secretary and acting assistant Secretary of Labor for Jim Frederick of Occupational Safety and Health Administration, announced the “emergency temporary standard,” or ETS, that identifies what employers must do to...

May 28, 2021 | BWC Proposes New Rule Excluding COVID-19 Claims From an Employer’s Experience Rating

The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating.   In proposing the new rule, the BWC noted that pandemics are generally considered catastrophes and the pres...

May 28, 2021 | EEOC Issues Updated Technical Guidance Regarding COVID-19 Vaccinations

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated technical guidance regarding COVID-19 vaccinations consistent with federal civil rights laws enforced by the EEOC. The EEOC technical guidance states that “[a]nalysi...

May 25, 2021 | Illinois Governor Signs Sweeping Health Care Law

Governor J.B. Pritzker recently signed into law the “Illinois Health Care and Human Service Reform Act” (Act). The purpose of the Act is to address inequality in the delivery of health care services in Illinois. While many provisions apply solely to...

May 24, 2021 | IRS Asks Major Crypto Exchange for Users’ Identities and Data

Earlier this month, the United States District Court, Northern District of California approved the Internal Revenue Service’s (IRS) request to execute a “John Doe” summons on the parent company of popular cryptocurrency exchange Kraken. The order dem...

May 7, 2021 | Clean Water Act Update

Overview of Recent Nationwide Permit Program Changes On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers...

May 6, 2021 | Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium

While the District of Columbia federal court's order yesterday vacated the moratorium, HHS (the CDC is part of the family of agencies under the HHS, which was actually named as the Defendant) quickly filed an emergency motion to stay the order.  You...

May 5, 2021 | Federal Judge Vacates CDC Eviction Moratorium

On Wednesday, May 5, 2021, Judge Friedrich of the United States District Court for the District of Columbia, entered an Order vacating the CDC’s nationwide eviction moratorium order. In a related opinion, Judge Friedrich ruled that the Public Health...

May 4, 2021 | It’s a Bird! It’s a Plane! It’s a … Drone?

The Federal Aviation Administration recently issued final rules requiring remote identification of Unmanned Aerial Systems (“UAS” aka drones) and allowing flight over people, moving vehicles, and at night under certain conditions. The final rules wen...

Apr 27, 2021 | Department of Labor Planning Enhanced Enforcement

Not surprisingly, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump administration’s employer-friendly initiatives and rules. Those reversals include: Setting aside gig-industry-friendly rules that ma...

Apr 27, 2021 | President Biden’s American Jobs Plan Calls for Significant Funding for Worker-Focused Agencies

Workplace civil rights and health and safety agencies will likely receive additional funding to carry out anti-bias enforcement under President Biden’s American Jobs Plan.   Last month, President Biden announced his administration’s $2 trillion Am...

Apr 22, 2021 | Eleventh Circuit Decision Creates Further Division Among Circuit Courts Regarding Website Accessibility and ADA

On April 7, 2021, the Eleventh Circuit United States Court of Appeals vacated a trial court ruling from 2017 which held that Winn-Dixie Stores violated the Americans with Disabilities Act (“ADA”) because the Plaintiff, who is visually impaired, could...

Apr 20, 2021 | OSHA's Rollout of COVID-19 Emergency Temporary Standard on Hold

Upon taking office, President Biden issued an executive order directing the Occupational Safety and Health Administration (“OSHA”) to decide by March 15 whether an emergency temporary standard was needed relative to COVID-19, and if OSHA determined t...

Apr 20, 2021 | EEOC Will Issue Guidance on COVID-19 Vaccine Incentive Programs Offered by Employers

Lawmakers and many employer organizations have urged the Equal Employment Opportunities Commission (EEOC) to issue guidance to companies that are considering providing incentives to employees who get the COVID-19 vaccine. Specifically, Sen. Richard B...

Apr 20, 2021 | DOL Issues Cybersecurity Guidance Focused on ERISA

Last week, the Employee Benefits Security Administration arm of the Department of Labor issued guidance focused on protecting and preventing workers’ benefits from the escalating impact of cybersecurity threats.  The guidance, which addressed plan...

Apr 6, 2021 | Department of Labor Scales Back Financial Oversight of Unions

Last week, the Department of Labor (DOL) scaled back its financial oversight of unions. Under the Trump Administration Rule, unions had to report strike fund, apprenticeship program and other “trust fund” information to the DOL. The Trump Administrat...

Apr 6, 2021 | Department of Labor Steps Up Enforcement of Anti-Bias for Government Contractors

The Department of Labor (DOL), under the Biden Administration, has stepped up anti-bias enforcement against government contractors. In doing so, the DOL, through its investigators, is conducting more thorough audits with more detailed questions and i...

Apr 5, 2021 | Effective April 5, 2021, Health Care Providers to Comply with the Information Blocking Rule of the 21st Century Cures Act

Effective April 5, 2021, Health Care Providers are prohibited from blocking access, exchange, or the use of protected electronic health information (“EHI”), or engaging in an act or omission or practice that is unreasonable and likely to interfere wi...

Apr 5, 2021 | IRS Announces that COVID-19 Related Personal Protective Equipment Qualifies as a Medical Expense –

On March 26, 2021, in Announcement 2021-7, the IRS notified taxpayers that amounts paid for personal protective equipment, such as masks, hand sanitizer and sanitizing wipes, for the primary purpose of preventing the spread of COVID-19 (COVID-19 PPE)...

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