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D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the...more

PBGC Institutes Major Changes in its Special Financial Assistance Final Rule

On July 7, 2022, the Pension Benefit Guaranty Corporation (PBGC), the independent federal corporation that insures private-sector defined benefit plans under Title IV of the Employee Retirement Income Security Act of 1974...more

Congress Considers Banning Discretionary Clauses in ERISA Plans

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks...more

Virginia Realigns Overtime Requirement with Federal FLSA

Virginia, historically reliant on the federal Fair Labor Standards Act (FLSA) to govern overtime obligations, passed its first stand-alone overtime law in March 2021.  The Virginia Overtime Wage Act (VOWA), went into effect...more

Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor...more

Federal OSHA Withdraws its Vaccine-or-Test ETS: What’s Next?

On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more

Federal OSHA Issues Long-Awaited “Vaccine or Test” Emergency Regulations

Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more

OSHA Announces Increased Focus on Heat-Related Hazards

In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more

Virginia OSHA Issues Third Iteration of its Emergency COVID-19 Regulation

On August 26, 2021, the Virginia Safety and Health Codes Board adopted revised amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the Final Permanent...more

Oregon OSHA Issues Temporary Heat Standard

On July 8, 2021, Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area...more

PBGC Issues Interim Final Rule on the American Rescue Plan Act’s Special Financial Assistance Program

On July 9, 2021, the Pension Benefit Guaranty Corporation issued its interim final rule implementing the Special Financial Assistance (SFA) program passed in March 2021 as part of President Biden’s American Rescue Plan Act of...more

Federal OSHA Issues Emergency Temporary Standard for Health Care

On June 10, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released its long-awaited COVID-19 Emergency Temporary Standard (ETS), establishing new mandatory requirements generally...more

July is the New January: A Post-Pandemic Look at Emerging Labor and Employment Law Trends

The pandemic seems not to have slowed down state and local lawmakers.  Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021. Notably, while some...more

Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s...more

OSHA Prepares to Issue COVID-19 Emergency Regulations

On April 26, 2021, the Occupational Safety & Health Administration sent emergency workplace safety rules to prevent the spread of COVID-19 to the Office of Management and Budget for review....more

President Biden to Nominate Douglas L. Parker, Chief of Cal/OSHA, to Lead Federal OSHA

On April 9, 2021, President Biden announced that he intends to nominate Douglas L. Parker to lead the Occupational Safety and Health Administration.  Mr. Parker is currently the chief of California’s Division of Occupational...more

Recent Updates to CDC N95 Guidance: What Employers Need to Know

On April 9, 2021, the Centers for Disease Control and Prevention (CDC) updated its “Strategies for Optimizing the Supply of N95 Respirators.”  The update includes changes to respirator-provision strategies at Conventional...more

Virginia Continues Pro-Employee Push with New Overtime Wage Act

Historically, Virginia has not had a standalone overtime law, instead relying on the federal Fair Labor Standards Act (FLSA) to provide protections to employees who work more than 40 hours a week.  But that will change on...more

Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending...more

OSHA Proposes Changes to Align Hazard Communication Standard with GHS Revision 7

On February 16, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) published in the Federal Register a notice of proposed rulemaking to update its Hazard Communication Standard (HCS)....more

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