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Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

In-Person Burden on Remote Workplaces: Physical I-9 Document Re-Inspections Required by August 30, 2023

Since the late 1980s, U.S. employers have been required to verify employment eligibility of new hires by filling out Form I-9 within three business days of hire. Until March 2020, this process involved physical inspection of...more

Think Early: How to Prepare for This Year’s New H-1B Filing Season

With a shortage of workers in many sectors of the U.S. professional labor market, employers continue to seek qualified candidates among the non-U.S.-citizen population, including recent graduates of U.S. colleges. ...more

Uptick in COVID Cases Prompts Additional EEOC Guidance

With COVID variant cases on the rise, the EEOC published new, additional guidance to employers on July 12, 2022. All of the EEOC’s updates can be found here. A few significant updates are summarized below:...more

The X Box: EEOC Announces Addition of Nonbinary Gender Option to Discrimination Charge

In recognition of Transgender Day of Visibility, today, the EEOC announced that it would be providing members of the LGBTQI+ community the option to select a nonbinary “X” gender marker when completing the voluntary...more

Kentucky Federal Court Allows Hospital To Proceed With Vaccination Policy For Employees

In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees...more

DOL Issues Cybersecurity Guidance Focused On ERISA

Last week, the Employee Benefits Security Administration arm of the Department of Labor issued guidance focused on protecting and preventing workers’ benefits from the escalating impact of cybersecurity threats... ...more

Labor Secretary Walsh’s Challenging Agenda

After a lengthy confirmation process last week, Marty Walsh was confirmed by the Senate as U.S. Labor Secretary. With the confirmation process finally behind Walsh, all eyes are now on his impending agenda for the Department...more

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...more

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...more

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...more

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...more

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,...more

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....more

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,...more

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...more

Not So Fast: DOL Freezes Rules That Have Not Yet Become Effective And Rescinds Opinion Letters

On January 20, 2021, the Biden administration issued a regulatory freeze memorandum requesting that executive departments and agencies delay the effective date of any non-emergency rule published but that had not yet become...more

Big Changes As Employers Prepare To Hire Foreign Workers

For employers seeking to hire foreign workers in the near future, the recent changes to the H-1B program and the presidential Administration will certainly present a lot of questions. On January 7, 2021, the U.S. Citizenship...more

2021 Outlook On Business And Employment-Based Immigration

In the year 2020, the Trump Administration announced many changes to employment-based immigration. With many of these changes currently being litigated, and in light of the presumptive results of the recent presidential...more

FLSA Common Pitfalls; Employers Beware

There has undoubtedly been an uptick in Fair Labor Standards Act (FLSA) wage-and-hour class and collective actions. Given the increase in FLSA related actions, the complexity related to the below-referenced issues, and the...more

NLRB Postpones Effective Date Of Election Protection Final Rule Until July 31, 2020

On March 31, 2020, the National Labor Relations Board (NLRB) announced that it had finalized three amendments to its rules and regulations to protect employees’ autonomy concerning representation. These amendments include...more

4/10/2020  /  Coronavirus/COVID-19 , NLRA , NLRB

Layoffs In The Time Of The Coronavirus

Whether due to a loss or decrease in production or to state government mandates stemming from COVID-19, an increasing number of companies are being forced to suspend business operations. Employers covered by the Worker...more

Unemployment Benefits: What Employers Need To Know

Ohio- Pursuant to Governor DeWine’s Executive Order, unemployment benefits are available to eligible individuals who are requested by a medical professional, local health authority, or employer to be isolated or quarantined...more

Class Waivers In Arbitration Agreements Are Given The Okay By U.S. Supreme Court

On May 21, 2018, The United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized...more

Harvey Weinstein, Tax Reform, And Nondisclosures - Oh My!

There is no doubt that the movement known as #MeToo has brought workplace sexual harassment to the forefront of conversation and is both a top priority and concern for all employers. One of the many names associated with this...more

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