Alert

December 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...

 Alert

December 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...

 Alert

December 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...

 Alert

December 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...

 Article

Winter 2014

Appellate Attorneys' Fees: A Trap for the Unwary in Florida

 Alert

November 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...

 Alert

November 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...

 Alert

November 07, 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...

 Alert

November 07, 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...

 Article

November 01, 2014

High Court Rejects “Dual Purpose” Doctrine for Workers’ Compensation Claims

 Alert

October 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...

 Article

October 22, 2014

Freedom of Office Speech: Knowing New Federal Laws Can Help Companies Avoid Lawsuits

Earlier this year, OSHA issued an interim final rule related to the enforcement of the whistleblower provisions of the FSMA. The whistleblower provisions do not apply just to food manufacturers, but to "an entity engaged in the manufacture, processin...

 Article

October 06, 2014

National Security and FCPA Investigations

In response to the attacks against the United States in 2001, the U.S. Department of Justice (DOJ) shifted resources to prioritize national security investigations over traditional criminal investigations such as the Foreign Corrupt Practices Act (FC...

 Alert

September 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...

 Alert

September 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...

 Article

September 18, 2014

Union "Ambush" Elections: Be Prepared or Be Unionized

An overly aggressive National Labor Relations Board, which exists solely to administer the National Labor Relations Act, created law in 2011 by implementing new rules that dramatically assist labor unions in organizing workers. Together, these rules...

 Article

September 18, 2014

NLRB's 'Joint Employer' Test Will Rewrite Labor Law

Much has been written about the National Labor Relations Board's quest to find joint employer status between McDonald’s parent company and its franchisees. The Board is even changing the legal definition of joint employer to satisfy its desired outco...

 Alert

September 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...

 Alert

September 05, 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...

 Alert

September 03, 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...