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State Constitutions Coronavirus/COVID-19

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

Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic

On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more

BakerHostetler

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

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The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more

Holland & Knight LLP

Religious Institutions Update: January 2024

Holland & Knight LLP on

Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Harris Beach PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

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The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

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The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Fisher Phillips

New York’s Mask Mandate Faces Uncertain Future After Court Decisions

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Although a New York State Supreme Court judge just overturned the statewide mask mandate as unconstitutional, that decision was almost immediately paused by an Appellate Judge pending the results of the state’s appeal....more

Tucker Arensberg, P.C.

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

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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

Parker Poe Adams & Bernstein LLP

First Circuit Upholds State's Mandatory Vaccine Order for Health Care Workers

Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Holland & Hart - Employers' Lawyers

Nevada Legislative Update 2021

Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Holland & Knight LLP

Religious Institutions Update: July 2021

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Ministerial Exception Doctrine Bars Minister-on-Minister Hostile Work Environment Claim In Demkovich v. St. Andrew the Apostle Parish, Calumet City, No. 19-2142, 2021 WL 2880232 (7th Cir. July 9, 2021), the U.S. Court of...more

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

Expiration of Philadelphia Public Health Emergency Leave Law

On June 15, 2021, Governor Tom Wolf’s administration certified the results of the May 2021 municipal primary election, and thereby formalized the approval of an amendment to the Constitution of Pennsylvania giving lawmakers...more

Littler

Recent Amendments to the Pennsylvania Constitution Foreshadow the End of Statewide COVID-19 Orders in Pennsylvania

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Pennsylvania’s Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency.  The power to issue such orders ends either when the governor decides the...more

Dentons

Iowa 2021 Legislative Report - Week 13

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Budgets and floor debate dominated week 13. Most of the work was packed into Tuesday, April 6, and Wednesday, April 7, with short sessions at the beginning and end of the week....more

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

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Ervin Cohen & Jessup LLP

California Lifts Regional Stay at Home Order

On January 25, 2021, the California Department of Public Health announced that it was lifting the Regional Stay at Home Order for all regions statewide, including Southern California. Four-week ICU capacity projections for...more

Dentons

Iowa 2021 Legislative Report - Week 2

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Update: On Monday, January 25, the Governor introduced another bill, SSB1065, which establishes a student first scholarship program for certain pupils attending nonpublic schools. The legislature did not meet on Monday in...more

Pierce Atwood LLP

Elections, COVID-19, and the Maine Constitution, Oh My!

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Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State. In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m....more

Proskauer - Minding Your Business

Michigan Supreme Court Strikes Down Governor’s Emergency Powers

Are Michigan’s Enhanced Price Gouging Provisions Undone? As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October...more

Seyfarth Shaw LLP

Michigan Supreme Court Rules on Governor’s COVID-19 Orders

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Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more

Best Best & Krieger LLP

Two Courts Offer Election Guidance: Slow-Walking Ballots is Unconstitutional

Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap - Two recent cases indicate a judicial willingness to intervene in election processes to protect and broaden voting rights. The cases...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 16

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In Washington - The House of Representatives, in a 257-150 vote, passed legislation providing US$25 billion to the United States Postal Service and bans any operational changes to the agency, while reversing...more

Ballard Spahr LLP

NJ Supreme Court Upholds COVID-19 Emergency Bond Act

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The Supreme Court of the State of New Jersey upheld the New Jersey COVID-19 Emergency Bond Act (the Act), authorizing the State to issue up to $9.9 billion in state borrowing either through general obligation bonds or...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

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In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

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

COVID-19 Detection Dogs in the Workplace: A Viable Option for Employers?

As employees return to work, some employers are asking if there could be another tool to detect COVID-19 in the workplace: detection dogs. Traditionally, the military has used detection dogs to find bombs, and law enforcement...more

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