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Proposed Revisions to Title II of the ADA Impacting Healthcare Facilities

The Department of Justice recently published a notice of proposed rulemaking applicable to healthcare entities covered under Title II of the Americans with Disabilities Act that relates to accessibility to medical diagnostic...more

The Burr Morning: Key Legal Developments to Watch for in 2024 [Video]

Matt Scully and Chandler Aragona review key developments in employment law from 2023 and forecast trends for 2024, including federal developments on DOL's new salary threshold, FTC's ban on non-competes, and the Pregnant...more

Treasury and IRS Issue Proposed Regulations on Prevailing Wage and Apprenticeship Requirements for Inflation Reduction Act’s...

The Inflation Reduction Act of 2022 (IRA) provides increased tax credit or deduction amounts, in many instances a five-times-multiplier bonus, for taxpayers meeting prevailing wage and apprenticeship requirements for certain...more

Employee Handbook or Employment Contract? The Alabama Supreme Court Holds Employee Handbooks Can Create Contractual Liability...

Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more

Is It the End of Non-Compete Clauses? The Federal Trade Commission Proposes a Prohibition and Rescission of Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission announced a Notice of Proposed Rulemaking that would prohibit and rescind non-compete provisions in employment contracts. The public has 60 days to offer comment on the...more

Health Care E-Note - January 2022

HELPFUL HINTS - The Federal No Surprises Act The Federal No Surprises Act (the “Act”) became fully effective on January 1, 2022. The Act protects enrollees in group and individual market plans (including ERISA plans) and...more

Corporate E-Note - June 2021

Resources - Effective Date Announced for New COVID-19 Safety Rule for Healthcare Providers - OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers must comply with...more

Labor & Employment E-Note - June 2021

Focus - DOL Issues New COVID-19 Safety Rule for Healthcare Providers - OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Most of the new requirements go into effect...more

Health Care E-Note - May 2021

Updated CDC COVID-19 Guidance - The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more

Labor & Employment E-Note - January 2021

Focus The COVID-19 Vaccine: An Update for Employers As of January 19, 2021, two vaccines have been authorized for emergency use by the FDA, with two additional vaccines nearing the end of clinical trials. With vaccines now...more

Does the Second Pandemic Relief Bill Provide Any Relief to Employers with Employees Out of Work Due to COVID?

On December 21, 2020, Congress passed a second pandemic relief bill.  The relief bill did not renew the employee paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”) – the Emergency Family and...more

Labor & Employment E-Note - October 2020

Spotlight - U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay - On October 5th, the Supreme Court...more

Labor & Employment E-Note - August 2020

Navigating the Minefield of Legal Challenges as Employees Return to Work - Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots...more

Was the Health Care Provider Exception in the Families First Coronavirus Response Act Just Struck Down?

New York District Court - On August 3, 2020 a district court judge for the Southern District of New York issued an opinion striking down certain portions of the Department of Labor’s Final Rule interpreting the Families...more

DOL Issues Third Round of Questions and Answers on Families First Coronavirus Response

On March 28, 2020, the Department of Labor (“DOL”) issued its third set of Question and Answer guidance on the Families First Coronavirus Response Act, updating some of its earlier answers and adding more than twenty...more

“Families First Coronavirus Response Act” – What Employers Need to Know and How to Prepare

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (the “Act”), which is comprehensive legislation intended to target economic issues arising from the coronavirus (“COVID-19”) during this economic...more

Are You Fair Credit Reporting Act Compliant?

Employers who use pre-employment and post-hire background checks must consider various federal, state and local laws and regulations. One important law that must be considered is the federal Fair Credit Reporting Act (FCRA)....more

Employee Impaired Driving and a Million Dollar Verdict: Employer Best Practices for Employee Vehicle Use

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more

U.S. Department of Labor's New Federal Overtime Regulations: How it May Affect You

As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair...more

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

Burr Alert: Is it Time to "Upgrade" your Cell Phone Policies?

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

NLRB Continues to Make Things Easier for Organized Labor

As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. The "quickie" representation...more

NLRB Redefines and Broadens the Joint Employment Standard

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

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