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Roetzel Insights

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 Alert

March 23, 2021

Biden Administration Likely to Expand Enforcement Efforts in the Health Care Industry

Nearly every administration has carried out efforts to investigate fraud and abuse in the health care industry, but under the Biden Administration, those efforts are likely to expand. Below is a brief review of areas where the Biden Administration wi...

 Alert

March 23, 2021

DOL Wage and Hour Administrator Relinquishing Final Approval Power

Earlier this month, an internal memorandum revealed that Jessica Looman, the principal deputy administrator of the DOL’s Wage and Hour Division (WHD), revoked a set of instructions issued by the Trump Administration which gave then WHD Administrator,...

 Alert

March 23, 2021

The American Rescue Plan and its Impact on Employee Benefits

The American Rescue Plan (“ARP”), signed by President Biden on March 11, 2021, includes several significant provisions related to employee benefits, most of which extend far beyond pandemic-related relief. Here is a summary of some of the most signif...

 Alert

March 23, 2021

OSHA Launches National Emphasis Program Targeting Industries and Worksites at High Risk for COVID-19

On March 12, 2021, the Occupational Health and Safety Administration (OSHA) launched a new national emphasis program (NEP) aimed at protecting workers in high-hazard industries from contracting COVID-19. NEPs are temporary programs that focus OSHA’s...

 Alert

March 23, 2021

Equality Act Advances to the Senate and to Controversy

Last summer, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, which held that the protected classification of “sex” under Title VII included sexual orientation and gender identity. Under Bostock, LGBT employe...

 Alert

March 19, 2021

Ohio Supreme Court Provides Guidance on Key Marketable Title Act Issue Regarding Preservation of Severed Mineral Interests

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson v. Morrison, Slip Opinion...

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March 17, 2021

Fraudulent Unemployment Claims Continue to Rise in Ohio

Unemployment claims throughout Ohio continue to rise, and at the same time, fraudulent employment claims have also increased at an alarming rate. At the beginning of this month, over 128,000 claims were filed with the Ohio Department of Job and Famil...

 Alert

March 16, 2021

The Gig is Up: DOL to Nix Trump-Era Gig Worker Rule

As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as independent contractors.  Fo...

 Alert

March 16, 2021

Expansive Labor Relations Legislation Passes House

On March 9, 2021, the Protecting the Right to Organize (PRO) Act, a bill that would provide significant protections for workers seeking to organize and bargain, cleared the House of Representatives on a 225-206 vote. Five Republicans joined Democrats...

 Alert

March 16, 2021

Department of Labor Seeks to Rescind the Trump Administration’s Joint-Employer Rule

The Department of Labor (DOL) has issued a proposed rule to rescind a Trump administration joint-employer rule. The joint-employer rule attempted to treat companies, like McDonald’s and FedEx, as joint employers of franchise and contract workers only...

 Alert

March 11, 2021

The American Rescue Plan Act of 2021

Update: President Biden signed The American Rescue Plan Act on March 11, 2021 On Wednesday afternoon, Congress passed The American Rescue Plan Act of 2021, a broad, comprehensive policy response to the challenges brought on by the COVID-19 pandemi...

 Alert

March 09, 2021

Secretary of Labor Nominee to Bring Expertise to Address Multiemployer Pension Plan Crisis

Albeit typically a matter for Congress, tapped Secretary of Labor Marty Walsh is prepared to utilize his labor experience to address the growing concern regarding the uptick in underfunded multiemployer pension plans that are on the verge of collapse...

 Alert

March 09, 2021

Acting General Counsel of the NLRB, Peter Ohr, Begins Undoing Past General Counsel’s Projects and Procedures

After being named Acting General Counsel of the National Labor Relations Board (NLRB), Peter Ohr has not slowed down. In a recent American Bar Association committee meeting, Ohr stated, “when I was asked to serve as acting general counsel, it was not...

 Alert

March 09, 2021

White House Memo Reverses Trump Restrictions on Diversity Training

Last week, a White House memorandum implemented President Biden’s executive order reversing former President Trump’s executive order on diversity training. Notably, both orders only applied to federal agencies, federal contractors and recipients of f...

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March 03, 2021

Ohio Legislature Drops Multi-Billion Dollar COVID Relief Plan

The Ohio Legislature dropped a multi-billion dollar COVID relief plan on Tuesday afternoon intended to improve public health and provide support to entities disproportionately impacted by the pandemic. The $2.15 billion proposal is part of the Stateh...

 Alert

March 02, 2021

President Biden’s Executive Orders: Impact on Employee Benefits and Healthcare

In the opening days of his administration, President Biden has signed a flurry of Executive Orders impacting multiple sectors of the U.S. economy. This article summarizes the Orders that impact employee benefits and healthcare and what those Orders m...

 Alert

March 02, 2021

Department of Labor Will Provide Additional Benefits for Those Who Refuse ‘Unsafe’ Work

On February 25, 2021, the Department of Labor (DOL) issued guidance in the form of a Program Letter based upon President Biden’s recent directive to ensure unemployment benefits are available to people who refuse to work because of COVID-19 safety co...

 Alert

March 02, 2021

DOL’s Wage and Hour Division Gearing Up to Focus on Contractor Wage Standards

In response to President Biden’s soon to be rolled out infrastructure and jobs package, which is set to increase federally funded construction and service projects developed by private companies, the DOL’s Wage and Hour Division is shifting its focus...

 Alert

March 02, 2021

Could There Be Changes to ERISA Fiduciary Requirements Under the Biden Administration?

President Biden nominated Marty Walsh, Mayor of Boston, as Secretary of Labor, and as his nomination remains pending, questions arise on what changes will be made regarding ERISA fiduciary rules that were established under the Trump Administration....

 Alert

March 02, 2021

U.S. House Passes LGBTQ Civil Rights Bill

The U.S. House of Representatives passed a bill last week known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes.  Last year, the U.S. Supreme Court held Tit...