Insights
Insights
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- The Missouri legislature recently enacted significant changes that raise the bar on proving discrimination and whistleblower claims; cap compensatory and punitive damage; eliminate individual liability for supervisors; and preempt local minimum wages. They become effective on August 28, 2017.
- The judge in a recent court case ordered the Equal Employment Opportunity Commission (EEOC) to develop the administrative record supporting rewards of up to 30% of the cost of health coverage for participation in wellness programs. If the EEOC is unable to defend the size of the reward, the EEOC may have to change its wellness program rules.
- The National Institute of Standards and Technology (NIST) recently released an updated draft of its Special Publication (SP) 800-53, Security and Privacy Controls for Information Systems and Organizations that sets forth cybersecurity guidance for securing devices and software commonly referred to as the “internet of things.” The draft represents NIST’s latest attempt to produce a unified information security framework for the federal government that is now also bleeding into the private sector.
- The Eighth District Court of Appeals surprised many Ohio practitioners this month by applying a fiduciary exception to the attorney-client privilege in Dueck v. The Clifton Club Company.
- Effective July 2017, Vermont joined the growing list of state and local jurisdictions to “ban-the-box” and limit employer access to a prospective employee’s criminal record. Eight other states (Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon and Rhode Island) have removed criminal history questions from job applications for private employers.
- Companies doing business in Delaware should be aware of a recent amendment to its cybersecurity and data breach notification law.
- Effective October 1, 2017, Connecticut employers will be required to provide reasonable accommodations to pregnant employees and job applicants. The new "Act Concerning Pregnant Women in the Workplace" generally requires an accommodation unless providing one would cause an undue hardship.
- One of the many reasons that clients consider trusts in their estate planning is to protect assets from the creditors of their beneficiaries.
- Earlier this month, the Department of Justice (DOJ) announced the creation of a new Opioid Fraud and Abuse Detection Unit.
- Congressmen Earl Blumenauer (D-OR) and Tim Murphy (R-PA) recently introduced the Overdose Prevention and Patient Safety Act (the act), a measure that would align the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2) with the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA).
- The Bureau of Workers’ Compensation is considering a new rule to discourage the use of opioid medication and surgery for low back injuries in favor of conservative treatment.
- For years, pet owners have implanted RFID (radio frequency identification) microchips in their dogs and cats to help track the animals if they get lost.
- Delaware recently enacted a law prohibiting employers from inquiring into applicants’ salary histories. According to the legislation, “when employers ask prospective employees for their wage or salary history, it perpetuates disparities in pay based on gender from one job into another.”
- In the Summer 2017 edition of Development Incentives Quarterly, learn five more common TIF misconceptions, read about the growing pains municipalities are facing with GASB 77 and find out which Ohio county auditors will complete the required six-year tax appraisal of all properties located in their counties this year.
- In November 2016, New York City enacted the nation’s first “Freelance Isn’t Free Act” to establish and enhance protections for independent contractors.
- The Second and Eighth District Courts of Appeals demonstrate how difficult it is to establish undue influence.
- Massachusetts law already protects employees from discrimination on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry and veteran status.
- Unfortunately, sometimes an employer needs to end an employment relationship. In many situations, it is in the best interests of the parties to enter into an agreement that defines the terms of the separation. Whether called a “separation agreement,” “severance agreement,” “retirement agreement” or any other name, the issues remain the same.
- The Governmental Accounting Standards Board (GASB) made waves in the economic development community in 2015 when it issued Statement No. 77 (GASB 77). GASB 77 requires governments, for the first time, to disclose in the notes of their financial statements the amount of tax revenues the government has promised to forego through tax abatements.
August
Victor J. Ferguson
David A. Groenke
Emily S. Pan
Michael G. Schwartz
David A. Swift
Mark E. Vannatta
Suzanne R. Galyardt
Michelle L. Clemons
Colleen B. Laux
William D.G. Baldwin
Aaron S. Berke
Kelly B. Bissinger
Bryan H. Falk
Nicholas R. House
Christopher J. Knezevic
Joseph B. Mann
Jacinto A. Núñez
J. Theodore Smith
Jonathan K. Stock
Kristin L. Woeste
Scott J. ZianceInsights
2091 items, 20 items per page
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