Labor & Employment E-Note - June 2021

Burr & Forman

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 fourteen days after the Standard's effective date.

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Resources

2021 Update – IRS Misclassifications and Costly Penalties: Independent Contractor or Employee

The IRS maintains its own test for classifying independent contractors. Misclassification may result in expensive penalties to the employer.

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Regional COVID-19 Travel Ban Exception Criteria Change

While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at curbing the spread of COVID-19 remain in place. Currently, foreign nationals who have been present in China, Iran, India, Brazil, South Africa, the Schengen region, the United Kingdom, or Ireland within fourteen days of attempting entry into the United States will generally be refused. In order to avoid disruptions, businesses employing foreign nationals on H, L, O, and other temporary visas have relied heavily on the National Interest Exceptions ("NIE") to bypass the regional travel restrictions. Recently, the Department of State announced an expansion of the NIE criteria that should allow more individuals to qualify.

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Business Exposure to Internet Crime

Because criminals find new ways to gain access to computer systems, there is no absolute solution to the risk of cyber-attacks. Burr & Forman's Cybersecurity & Data Privacy Team recommends that a business enterprise implement the following methods and strategies in preparation for the inevitable attacks.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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