Insights

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Mar 9, 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...

Mar 9, 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...

Mar 9, 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...

Mar 3, 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...

Mar 2, 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...

Mar 2, 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...

Mar 2, 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...

Mar 2, 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....

Mar 2, 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...

Feb 24, 2021 | Federal Government Makes Unexpected Announcement: States Must Administer Statewide Assessments in 2020-2021 School Year

Given the havoc that COVID-19 has wreaked on our educational system, should schools be mandated to administer statewide summative assessments during the 2020-2021 school year?  Nationwide, state legislatures have invited testimony, debated possibl...

Feb 23, 2021 | Congressional Democrats Renew Efforts to Pass Equality Act

Against the backdrop of the 2020 United States Supreme Court case of Bostock v. Clayton County, and with a Democratic president and majority in both houses of Congress, the Democratic majority in the House of Representatives has again introduced the...

Feb 23, 2021 | Biden Administration Repeals Industry-Led Apprenticeship Program Established by Trump Administration

This past week, President Biden issued an Executive Order to reverse a 2017 Executive Order signed by former President Trump that established the industry-led apprenticeship program—a program that sought to minimize the federal government’s role in c...

Feb 23, 2021 | NLRB Challenges Brought on by Termination of GC Robb

In response to President Biden’s bold decision to terminate former General Counsel Peter Robb in January, employers have begun to raise legal challenges regarding the Biden Administration’s authority to oust Peter Robb. At the heart of the issue is t...

Feb 23, 2021 | OSHA’s Virus Emergency Rule – Unintended Consequences?

Shortly after his inauguration, President Biden directed the Occupational Safety and Health Administration (OSHA) to consider an Emergency Temporary Standard to address issues relative to the spread of the COVID-19 virus in the workplace. For employe...

Feb 16, 2021 | DOL to Propose Roll Back of Trump-Era Religious Contractor Exemption Rule

The Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) intends to propose a roll back of the Trump-era religious contractor exemption rule that expanded the defenses religious federal contractors can raise against empl...

Feb 16, 2021 | An Unusual Letter Regarding Obamacare to the U.S. Supreme Court

On February 10, 2021, Deputy Solicitor General Edwin Kneedler penned a two-page letter to the U.S. Supreme Court setting forth the Biden Administration’s position regarding the constitutionality of the Affordable Care Act, also known as Obamacare. ...

Feb 16, 2021 | COVID Relief Package Seeks to Expand the Affordable Care Act

On February 8, 2021, House Democrats revealed a $1.9 trillion COVID-19 relief package, which in part would increase the ACA’s financial assistance for two years, in an effort to make premiums more affordable for enrollees. Specifically, in what would...

Feb 16, 2021 | NLRB Relaxes Trump-Era Financial Disclosure Requirements for Unions

Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial reporting, unions are only r...

Feb 15, 2021 | CDC Publishes New Guidance for the Reopening of Schools to In-person Learning

On Friday, February 12, the Centers for Disease Control and Prevention (CDC) released additional guidance addressing recommended practices in the reopening of schools, titled Operational Strategy for K-12 Schools through Phased Mitigation (“Operation...

Feb 15, 2021 | Ohio’s New Limited Liability Company Act – Revised Code Section 1706

The Ohio General Assembly recently passed a new Ohio Limited Liability Company (“LLC”) Act to replace the original LLC Act passed in 1994. Formally known as the “Enact Ohio Revised Limited Liability Company Act” (the “Act”), the Act was signed into l...

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