News & Analysis as of

Statutory Authority State and Local Government

Troutman Pepper

Texas AG Challenges HHS Privacy Rules

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On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Perkins Coie

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

Perkins Coie on

A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

Schwabe, Williamson & Wyatt PC

‎Eleventh Circuit Declares Federal Contractor COVID-19 Mandate Beyond President’s Authority

On September 9, 2021, President Biden issued Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs federal agencies to include in certain federal contracts a clause requiring...more

Bass, Berry & Sims PLC

Injunctions May Only Pause the Government Contractor Vaccine Mandate

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The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more

Schwabe, Williamson & Wyatt PC

Nationwide Injunction Against Federal Contractor Vaccine Mandate ‎

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more

Bass, Berry & Sims PLC

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

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On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more

Bricker Graydon LLP

The balance of power: “Quarantining” versus “excluding” students under Senate Bill 22

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On June 23, 2021, Senate Bill 22 went into effect in Ohio, and as schools resume instruction across the state, staff and families alike have been wrangling with its impact on quarantining and isolation procedures. Health...more

Polsinelli

Michigan DHHS Responds to Court’s Decision with New Emergency Orders Reinstating Governor Witmer’s COVID-19 Restrictions

Polsinelli on

On Friday, October 2, 2020, the Michigan Supreme Court, in a 4-3 opinion, invalidated Michigan Governor Gretchen Whitmer’s COVID-19 executive orders, finding the Governor did not have the authority to issue executive orders...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the...more

Littler

Pennsylvania Supreme Court Upholds Pittsburgh's Authority to Enact Paid Sick Leave Ordinance, Revives "Dead" Law

Littler on

On July 17, 2019, the Pennsylvania Supreme Court held the City of Pittsburgh's Paid Sick Days Act (PSDA) was a valid exercise of the City's "express statutory authority to legislate in furtherance of disease control and...more

Ballard Spahr LLP

Temporary Authority Update

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Both Virginia and Utah have enacted legislation to permit temporary authority to operate as a mortgage loan originator in their respective states pursuant to the SAFE Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

92nd Arkansas General Assembly: Senate Bill 377 Addresses Solid Waste Disposal

Senate Bill 377 has been introduced which would in summary: Amend certain Arkansas statutory authorities addressing the collection and distribution of solid waste disposal and transportation fees...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Environmental Quality Overview/Air Quality Update: Stuart Spencer (Associate Director Office of Air...

Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more

Spilman Thomas & Battle, PLLC

They Did What? Fire Sprinkler Industry Stunned by North Carolina Legislature’s Mistake in Removing Licensing Board’s Authority to...

North Carolina’s legislature mistakenly removed the authority for the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors (“State Board”) to issue certain crucial industry licenses. On July 1, 2016,...more

Seyfarth Shaw LLP

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

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Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

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