Insights
Insights
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- OSHA’s proposed silica rule, supported by 800 pages of background information and scientific literature, was published in the Federal Register on September 12, 2013. The comment period, which commences with this date of publication will last 90 days (i.e., until December 11, 2013). Hearings will begin on March 4, 2014.
- Marriages between same-gender spouses will be recognized for federal income tax purposes if valid where performed (the state of celebration) regardless of whether the state in which the spouses live (the state of residence) recognizes the marriage.
- On August 27, 2013, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued final rules interpreting Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA).
- Mark A. Norman, a partner in the Cincinnati office, authored this article on environmental lender liability for the Summer 2013 issue of The Bankers' Statement.
- Lisa Pierce Reisz, a partner in the Vorys Columbus office and a member of the health care group, authored an article for Communications Professional Resources Online (CommPRO.biz). In the article, she provides an overview of the information that public relations professionals need to know about the latest HIPAA breach notification rules, which become law in September 2013.
- The Centers for Medicare & Medicaid Services recently published a final rule that adds a new Condition of Participation that requires long-term care facilities that choose to arrange for the provision of hospice care with one or more Medicare-certified hospice providers to have in place a written agreement with the hospice that specifies the roles and responsibilities of each entity.
- Our August issue of the Vorys Shale Report provides an overview of a recent court decision that enforces a change-in-ownership provision contained in an oil and gas lease. The newsletter also provides a report on activity in the Utica and Point Pleasant Shales.
- Whitney Gibson, a partner in the Vorys Cincinnati office, and Christopher Anderson, Ph.D., co-founder of Cyber Investigation Services, LLC, co-authored an article for the Bloomberg BNA: Social Media Law & Policy Report about techniques that companies can use to remove misinformation and defamation from the internet.
- The Occupational Safety and Health Administration (OSHA), in collaboration with the National Institute for Occupational Safety and Health (NIOSH), has issued a "Hazard Alert" for the oil and gas industry regarding worker exposure to crystalline silica. The alert merits the attention of all who are involved with hydraulic fracturing operations.
- The postponement of the pay or play penalties and related reporting from 2014 to 2015 gives employers a welcome opportunity to reassess their compliance strategies and plan for a more measured implementation of new systems. However, the pay or play penalties are related to the availability of federal premium assistance for the purchase of health insurance on an exchange. The absence of pay or play penalties and related reporting in 2014 may increase the number of employees buying health insurance on an exchange with federal premium assistance in 2014.
- Jackie Ford, partner in the Vorys Houston and Columbus offices, authored an article for Employment Law360 about laws being passed by some state legislatures that ban employers from asking employees and/or job applicants for social media passwords.
- Our July issue of the Vorys Shale Report provides an overview of how energy companies are facing specific, targeted scrutiny from the federal government on wage-and-hour issues.
- The White House and Treasury announced on July 2nd that they are delaying enforcement of the ACA’s employer coverage mandate (which requires employers with 50+ full-time equivalent employees to provide affordable, adequate health coverage to substantially all of the employer’s full-time employees and their children) until 2015 to enable a more orderly roll-out of the reporting and disclosure requirements that will form the basis for the imposition of the employer penalties.
- The United States Supreme Court recently issued its long-awaited decision in United States v. Windsor, No. 12-307, ruling that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into under an applicable state law is unconstitutional.
- On June 26, 2013, the Supreme Court of the United States held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA) violated the equal protection clause of the Fifth Amendment of the Constitution.
- On Sunday June 30, 2013, Governor Kasich signed Ohio’s biennial budget bill, which includes numerous provisions impacting Ohio taxpayers. Though the tax reforms in the final bill are not as sweeping as originally proposed, they will still impact virtually every state tax in some fashion.
- On June 30, 2013, Governor Kasich signed Am. Sub House Bill 59 (H.B. 59), which is the operating budget bill for state fiscal year 2014. H.B. 59 includes language authorizing the establishment of a "Lake Facilities Authority" to rehabilitate, improve or promote an "impacted watershed."
- The United States Supreme Court recently handed down an important decision regarding the proof required for plaintiffs asserting retaliation claims under Title VII. In University of Texas Southwestern Medical Center v. Nassar, the Court held that Title VII retaliation plaintiffs must prove that their protected activity was a "but-for" cause of the adverse employment action suffered by the employee, rather than simply a "motivating factor."
- On June 30, 2013, Governor Kasich signed Am. Sub House Bill 59 (H.B. 59), which is the operating budget bill for state fiscal year 2014. H.B. 59 expands upon the scope of the sales and use tax exemption for purchases of certain tangible personal property that will be used at an eligible computer data center (the Data Center Exemption).
September
August
Aaron S. Berke
Elizabeth Turrell Farrar
Michael D. Martz
Mark A. Norman
Lisa Pierce Reisz
Kimberly J. Schaefer
Jeffery E. Smith
J. Bret Treier
Anthony D. WeisJuly
Jackie FordInsights
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