News & Analysis as of

Rulemaking Process Coronavirus/COVID-19

Epstein Becker & Green

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May...

As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more

Sheppard Mullin Richter & Hampton LLP

Key Healthcare Provisions of the Consolidated Appropriations Act, 2023

Introduction On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (the “Act”). The Act provides for nearly $1.7 trillion in funding across a range of domestic initiatives, including certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Mintz - Immigration Viewpoints

DHS Seeks Public Comment on Proposed Alternatives to I-9 Process – Comment Deadline is Two Weeks Away

The Department of Homeland Security (DHS) is seeking public comment on its proposed changes to I-9 document examination requirements. While the proposed rule would not directly authorize the remote examination of I-9...more

Dechert LLP

Upcoming Regulatory Initiatives Impacting Private Fund Managers - September 2022

Dechert LLP on

This latest edition of the regulatory initiatives paper sets out at a high level the core regulatory issues that are likely to impact private fund managers in the coming months, including an overview of the key actions needed...more

Snell & Wilmer

U.S. Court of Appeals Finds “No Clear Duty” for OSHA To Issue Permanent COVID-19 Healthcare Standard

Snell & Wilmer on

In June 2021, the United States Department of Labor, Occupational Safety and Health Administration (“Fed OSHA”) enacted a COVID-19 Emergency Temporary Standard (“ETS”) governing the health care industry. The ETS had a...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

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Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Arnall Golden Gregory LLP

Long-Term Care Facilities Brace for Additional OSHA Inspections Under Extended COVID-19 NEP

The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more

Foley & Lardner LLP

No More Masks on Public Transportation (For Now) – Is Government Regulation of COVID-19 Ending?

Foley & Lardner LLP on

Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the agency’s ability to impose...more

Robinson+Cole Health Law Diagnosis

OSHA Taking Comments on Proposed Permanent Healthcare COVID-19 Standard

OSHA has partially reopened the rulemaking record and scheduled an informal public hearing to seek comments on several topics relating to the development of a final standard to protect healthcare and healthcare support...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Formally Withdraws Its COVID-19 ETS

On January 25, 2022, the U.S. Occupational Safety and Health Administration (OSHA) formally withdrew its November 5, 2021, emergency temporary standard (ETS), which applied to large employees. Since its issuance in November,...more

(ACOEL) | American College of Environmental...

Lessons from the Pandemic About Making Decisions Without Statutes

The New York Times recently published a column arguing that the movie “Don’t Look Up,” intended as an allegory about American reaction to climate change, really works better as an allegory about our reaction to the Covid-19...more

Cozen O'Connor

A Glimpse Into OSHA Today and Tomorrow

Cozen O'Connor on

To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

Benesch on

As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Tucker Arensberg, P.C.

Commonwealth Court Voids Health Department’s School Masking Order, But Appeal Keeps Mandate in Place

Tucker Arensberg, P.C. on

On November 10, 2021, the Pennsylvania Commonwealth Court struck down the Acting Secretary of the Department of Health’s Order Directing Face Coverings in School Entities (“Masking Order”) in Corman, et al. v. Acting...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

Foley & Lardner LLP

CMS Requires COVID-19 Vaccination for Health Care Facility Staff

Foley & Lardner LLP on

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule that requires most Medicare and Medicaid certified providers and suppliers to vaccinate staff members within 60 days. The...more

Womble Bond Dickinson

The Biden Administration Expands Staff Vaccination Requirement to All Medicare & Medicaid Participating Providers/Suppliers.

Womble Bond Dickinson on

The Biden Administration, through the Centers for Medicare and Medicaid Services (“CMS”) and via Interim Final Rulemaking (“IFR”), has expanded vaccination requirements in many health care settings. Effective November 5,...more

Foley & Lardner LLP

Vaccine Mandates And Vaccine Bans – Clues On Where This Ends And Making Decisions In The Interim

Foley & Lardner LLP on

On September 9, 2021, President Biden announced plans for the federal Occupational Safety and Health Administration (OSHA) to issue an “Emergency Temporary Standard” (ETS) mandating that all employers with more than 100...more

Benesch

OSHA to Develop Rule Requiring All Employers with 100+ Employees to Implement Vaccine Mandate

Benesch on

On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more

Nutter McClennen & Fish LLP

Nutter Bank Report: July 2021

CFPB Amends Mortgage Rule to Protect Borrowers Affected by COVID-19 The CFPB issued a final rule to amend its Regulation X—which implements the Real Estate Settlement Procedures Act—to assist home mortgage loan borrowers...more

Goodwin

House Votes to Repeal OCC True Lender Rule

Goodwin on

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

Ruder Ware

Supreme Court of Wisconsin Ends State Mask Mandate on March 31

Ruder Ware on

Yesterday, March 31, 2021, the Supreme Court of Wisconsin ended the state-wide mask mandate after finding Executive Order (EO) #105 to be unlawful, ending it immediately.  Governor Tony Evers issued EO #105 shortly after the...more

Bradley Arant Boult Cummings LLP

Chambers Global Practice Guide: Fintech 2021 Trends and Developments

Crisis has set the stage for fintech companies in 2021, creating both new opportunities and potentially unprecedented challenges to innovation. While the coronavirus pandemic continues to accelerate the digital transformation...more

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