III-44- A Little Help From The DOL
I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more
The U.S. Department of Defense (DoD) published a finalized rule on March 12, 2024, which expands access to defense contractors who wish to participate in the Defense Industrial Base (DIB) Cybersecurity (CS) Program....more
Recent changes to the PRA’s approach to enforcement show an increased focus on expediting the investigative process and incentivising early admissions. On 30 January 2024, the Bank of England (the Bank) unveiled a number...more
Question: Do employers need to provide a space for employees to worship and/or pray in the office? The short answer is: Maybe. You must reasonably accommodate employees’ sincerely held religious, ethical, or moral...more
On November 6, 2023, for the first time in 15 years, HHS OIG issued a new reference guide for the health care compliance community – the General Compliance Program Guidance, or GCPG. While the GCPG does not set new legal...more
On Friday, July 21, 2023, the White House announced that Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI voluntarily committed to numerous principles for the responsible development of artificial...more
WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article. As viewers know, Ted Lasso is a feel good show about an American college...more
Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct)....more
The Internal Revenue Service (IRS) is proposing a new voluntary program, referred to as the Service Industry Tip Compliance Agreement (SITCA) program, for employers in service industries to avoid paying the employer’s share...more
On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary paid family and medical leave program that will provide workers in the state with such leave insurance by 2025. With the move,...more
Key Takeaways: ..FDA created a new category for voluntary firm registration after NECC compounding fungal meningitis outbreak in 2012. ..Individuals face criminal liability for misrepresentations made to FDA. ...more
Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more
Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke. By way of example, this past April 1st, I nearly had a heart attack when I awoke to a purportedly fake post depicting the...more
National Labor Relations Board (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo released a Memorandum on April 7, 2022, stating that she would seek to ban mandatory anti-union meetings in the workplace. Abruzzo’s...more
On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51)...more
Many companies registered with the Securities and Exchange Commission (“SEC” or “Commission”), whether as a public company, an investment adviser, or a broker-dealer, will undergo an inquiry or a formal investigation by the...more
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more
As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as...more
Florida Trend (citing the Tampa Bay Times) recently reported that while 93% of assisted living residents have received at least one dose of the COVD-19 vaccine, vaccination rates of staff are lagging across the state. ...more
The American Rescue Plan Act of 2021 (“ARPA”) was signed by President Biden on March 11, 2021. Part 5 of the ARPA provides for additional credits to employers whose choose to grant paid sick leave and emergency family leave...more
Last week, the FDA posted information about per- and polyfluoroalkyl substances, commonly known as PFAS, found in personal care products such as lotions, nail polish, shaving cream, foundation and mascara. PFAS chemicals are...more
Beginning this year, employers that sponsor 401(k) plans must satisfy a new requirement. 401(k) plans must allow certain part-time employees to make voluntary 401(k) contributions....more
Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more
On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more
Like many other healthcare companies, nursing homes and assisted living facilities have been ravaged by COVID-19. A recent review of only 39 states found approximately 569,000 to 616,000 COVID-19 cases and 91,500 deaths were...more