Insights

In the 7-2 decision in California v. Texas handed down by the U.S. Supreme Court on June 17th, the third constitutional challenge to the Patient Protection and Affordable Care Act (ACA) that reached the Supreme Court was dismissed without reaching the merits of the constitutional arguments.

The California Division of Occupational Safety and Health, better known as Cal/OSHA, recently changed the COVID-19 Prevention Emergency Temporary Standards (ETS). These changes will go into effect on June 15, 2021 and will continue to apply to nearly all California employers. The proposed changes revise several prior proposals, but still distinguish between (and expand upon) vaccinated and unvaccinated employees.

In January 2021, President Biden issued an Executive Order directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace.

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions, providing some long-awaited guidance about COVID-19 vaccination policies and incentives.

On May 28, 2021, the EEOC updated its “What you should know about COVID-19” Frequently Asked Questions, providing some long-awaited guidance about COVID-19 vaccination policies and incentives.

As Ohio continues its recovery from the COVID-19 pandemic, a number of pandemic unemployment benefits programs are winding down.

On May 18, 2021, the IRS released Notice 2021-31, answering 86 questions on the COBRA subsidy under the American Rescue Plan (ARP).

On May 17, 2021, Alabama became the 37th state to “legalize” medical cannabis with the passage of the “Darren Wesley ‘Ato’ Hall Compassion Act.”

There have been several U.S. immigration developments over the past few weeks. We highlight all developments of note in this alert.

If your company had an administrative services agreement with a Blue Cross Blue Shield (BCBS) licensee in the past six years or a health insurance policy with a BCBS licensee in the past 13 years, your company may benefit from the settlement of a court case, In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406, N.D. Ala. Master File No. 2:13-cv-20000-RDP.

In a recent decision, the Eleventh Circuit held that Winn-Dixie did not violate the Americans with Disabilities Act by operating a website inaccessible to blind individuals.

On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) announced the opening of its 2019 and 2020 EEO-1 data collection.

Virginia recently joined New Mexico and New York in legalizing recreational or adult use and possession of marijuana (which is still prohibited under federal law).

The last two weeks in Ohio have seen a tidal wave of employment litigation.

Until recently, Virginia did not have a law requiring overtime compensation for hours worked over 40 in a week.

On January 20, 2021, President Joe Biden was sworn in as the 46th President of the United States.

There has been a whirlwind of new legislation and guidance related to cafeteria plans and flexible spending accounts (FSAs), beginning with the Coronavirus Aid, Relief and Economic Security (CARES) Act in March 2020 through Internal Revenue Service (IRS) guidance issued March 26, 2021.

The American Rescue Plan Act (ARP) provides a 100% subsidy of COBRA premiums for Assistance Eligible Individuals (AEIs) starting April 1, 2021.

On April 1, 2021, New Mexico became the seventeenth state to legalize adult use or recreational cannabis for those 21 and older. New York just legalized recreational cannabis on March 31 (see our alert on this law here).

On March 12, 2021, New York enacted legislation requiring that all employers in the state provide paid leave time to their employees in order to receive COVID-19 vaccinations.