Insights

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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...

Feb 10, 2021 | Governor Mike DeWine Announces Home Relief Grant Program

On Tuesday, February 9, 2021 Governor Mike DeWine announced the Home Relief Grant program. This program includes $100 million to help low-income Ohioans who do not own their own home pay for housing costs, to include rent, mortgage, water, sewer, was...

Feb 9, 2021 | Biden Administration Further Delays Effective Date of Independent Contractor Rules

As noted in a prior newsletter, President Biden’s Chief of Staff froze rules that had not yet gone into effect as to the Department of Labor’s proposed sweeping independent contractor rule changes. On February 3, 2021, the DOL proposed extending the...

Feb 9, 2021 | Business Groups Urge EEOC To Clarify Legality of COVID-19 Vaccination Incentives

While one approach for employers wishing to have a widely COVID-vaccinated workforce is the provision of incentives to employees to get the vaccine, questions have arisen about how much of an incentive is too much so as to render the decision to get...

Feb 9, 2021 | The NLRB: A Farewell to Many Trump Administration Policies

As anticipated Acting General Counsel Peter Sung Ohr took no time to rescind a significant number of General Counsel Memoranda issued by former General Counsel Peter Robb during the Trump Administration. In a February 1, 2021, Memorandum (GC 21-02...

Feb 9, 2021 | National Paid Leave Proposal Reintroduced in the Senate and House of Representatives

This past Friday, Democrats in both the Senate and House of Representatives reintroduced legislation that would create a paid leave program on the national level. Rep. Rosa DeLauro (D-Conn.) and Sen. Kirsten Gillibrand (D-NY) reintroduced the Family...

Feb 9, 2021 | OSHA Says Vaccinated Employees Should Still Wear Masks and Follow Other Practices Related to COVID-19

On January 29, 2021, the Occupational Safety and Health Administration issued guidance stating employers should still require employees who have received the COVID-19 vaccine to continue to wear masks and follow other protocols such as social distanc...

Feb 2, 2021 | Biden Administration Names Peter Sung Ohr as Acting General Counsel of the NLRB

After the unprecedented firing of the NLRB’s former general counsel, Peter Robb, the Biden Administration has named Peter Sung Ohr as the Acting General Counsel on January 25, 2021. Mr. Ohr was the NLRB’s Regional Director of Region 13 in Chicago...

Feb 2, 2021 | Biden Proposes $15 Minimum Wage

Last week, President Biden and Congressional Democrats unveiled their proposal for a $15 an hour minimum wage bill. The current federal minimum wage has been $7.25 an hour since 2009. In many instances, federal minimum wage has been overtaken by high...

Feb 2, 2021 | Anticipated Change in Focus for DOL’s Office of Federal Contract Compliance Programs

Under the new Biden Administration and the leadership of newly-appointed Director Jenny Yang, employers should expect to see a refocus on hiring and pay equity enforcement by the Department of Labor’s Office of Federal Contract Compliance Programs (“...

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