Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability by health programs and activities funded or administered by the U.S. Department of Health and Human Services (HHS). Section 1557 itself has remained unchanged since it was enacted in 2010.

Employers in Michigan should remain vigilant with respect to recent, dramatic changes to the state’s wage and hour laws, which include raising the minimum wage to $12.00 an hour, phasing out the tipped employee wage classification, and creating new sick leave obligations for employers.

Jay Carr, a partner in the Vorys Columbus office, and Matt Young, an associate in the Vorys Columbus office, co-authored an article for the IEL’s Oil & Gas E-Report.

Colorado has significantly revised its laws concerning noncompetition and nonsolicitation covenants and has drastically narrowed employers’ ability to both use and enforce them.

Drew Parobek, a partner in the Vorys Cleveland office, and Thomas Loeb, an associate in the Vorys Columbus office, co-authored an article for Law360 titled “What High Court Sears Case May Mean for Section 363 Sales”.

We wanted to take the opportunity to remind clients that defined contribution retirement plans must include a “lifetime income disclosure” on at least one benefit statement a year with the first disclosure included no later than the quarterly statement for the second quarter of 2022 (the quarter ending June 30, 2022).

Since 2019, 12 states (California, Colorado, Connecticut, Delaware, Maryland, Nebraska, New Jersey, New Mexico, New York, Oregon, Virginia and Washington – along with numerous cities) have enacted the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) to prohibit discrimination on the basis of natural hairstyle. 

Lauren Fromme, associate in the Vorys Columbus office, authored an article in the proceedings of the Forty-First and Forty-Second Annual Energy & Mineral Law Institute titled “Tax-Free Exchanges of Energy and Mineral Properties”.

The U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the constitutional right to an abortion.

The Supreme Court has agreed to hear a dispute between Mall of America and Transform Holdco LLC as to whether a lease Transform acquired at a bankruptcy sale can be challenged after that sale has closed. Sections 363(b)(1) and 363(m) of the Bankruptcy Code are at play here. Section 363(b)(1) generally permits a bankruptcy trustee, after notice and hearing, to use, sell, or lease property that belongs to the bankruptcy estate outside of the ordinary course of business. Section 363(m) protects good faith purchasers at these bankruptcy sales, and states that the reversal or modification on appeal of a Section 363 bankruptcy sale does not affect the validity of that sale where the purchaser purchased the property in good faith, unless the sale was stayed pending appeal.

Effective July 1, 2022, Congress has revived the Superfund Excise tax on Taxable Chemicals and Taxable Substances that previously existed from 1980 through 1995.

As of July 1, 2022, employers in the City of Chicago have additional policy, posting and training obligations concerning sexual harassment. The Chicago Human Rights Ordinance (CHRO) now requires that every employer have a written sexual harassment policy, which must be provided to employees in their primary language within their first week of employment. Employers also must train their managers and employees on sexual harassment.

In a decision as complicated as the PAGA statute itself, the United States Supreme Court just held that the Federal Arbitration Act partially preempts California’s “Iskanian rule” that prohibits submitting individual PAGA claims to arbitration.

Last week, the U.S. House and Senate released a discussion draft of the American Data Privacy and Protection Act (ADPPA). This is the first bipartisan data privacy bill released at the federal level. The introduction of the ADPPA comes in the wake of a profusion of comprehensive state data privacy laws passed and considered over the last few months. To date, five states have passed comprehensive privacy laws, including Connecticut just last month. If passed, the ADPPA would largely preempt state privacy laws, with some narrow exceptions.

On June 1, 2022, the Ohio General Assembly passed Substitute Senate Bill Number 225 (S.B. 225) to expand the Ohio Opportunity Zones Tax Credit Program and the Ohio Historic Preservation Tax Credit Program and amend certain other provisions.

On Wednesday, June 1, the Ohio General Assembly passed HB 430 that, among other things, includes a statewide prohibition against local rent control ordinances and regulations. The bill has been sent to the governor for his signature.

On May 18, 2022, Ohio Environmental Protection Agency (Ohio EPA) issued the next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP).

Earlier this week, in the latest of a line of cases expanding the scope of potential liability for California employers in wage-and-hour litigation, the California Supreme Court ruled that premiums owed to employees for violations of the meal and rest break requirements constitute wages under California law.

On May 10, 2022, Connecticut became the fifth state to pass a comprehensive privacy law.

Scott Ziance, partner in the Vorys Columbus office and Jon Stock, of counsel in the Vorys Columbus office co-authored an article for Area Development titled “Putting Your Best Foot Forward: Presentation of Incentives Information to the Media”.