Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that implementation ...
On Oct. 19, 2021, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would establish a new category of over-the-counter (OTC) hearing aids. The rule came in response to President Joe Biden’s July 9 executive order, which among other things, calls for wide availability of low-cost hearing aids in order to promote economic competition ...
The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...
It often happens that one party appears to have greater bargaining power than the other. They may be bigger, have more money, have a history of fighting and you may feel overwhelmed. How to handle an imbalance in power in negotiations is an important consideration in taking control and working toward a resolution. Factors to evaluate are: Best Alternative to a Negotiated Agreement (BANTA) ...
On Oct. 31, 2019, the United States Department of Agriculture (USDA) published its highly anticipated interim final rules, establishing the USDA Domestic Hemp Production Program to be administered by the Agricultural Marketing Service (AMS) ...
On March 10, 2023, Silicon Valley Bank and Signature Bank were closed by their respective jurisdictions’ financial service agencies due to a high influx of depositors making massive withdrawals in the week prior. The Federal Deposit Insurance Corporation (the "FDIC") – an independent federal agency created by Congress to support the broader banking industry – was formally appointed by state government agencies as a receiver for both banks ...
President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...
State efforts to address the 340B Drug Program[1] continue to ramp up in 2024. Early this January, Kentucky Senator Stephen Meredith introduced Senate Bill 27 ("SB-27"), which intends to address a number of purchasing restrictions drug manufacturers unilaterally imposed on health care providers participating in the 340B Program ...
Earlier this year, revisions to the requirements for new and existing indirect heat exchangers contained in 401 KAR 59:015 and 401 KAR 61:015 became effective. Indirect heat exchangers with a heat input capacity greater than one million Btu/hour (MMBtu/hour) are subject to either 401 KAR 59:015 (new sources) or 401 KAR 61:015 (existing sources). The classification as new or existing depends upon when the indirect heat exchanger was installed ...
The Federal 340B Drug Discount Program (the “340B Program”) is a budget-neutral drug-pricing program that allows certain hospitals and clinics (“Covered Entities”) to buy discounted medication from drug manufacturers ...
On April 9, 2019, Gov. Matt Bevin signed into law the Kentucky Pregnant Workers Act (KYPWA), which expands protections for pregnant employees under the Kentucky Civil Rights Act, KRS 344.010, et seq. Reasonable Accommodations for Pregnancy Effective June 27, 2019, employers with 15 or more employees in Kentucky in at least 20 calendar weeks in the current or preceding year will be required to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions ...
The Kentucky Division of Waste Management (DWM) has proposed regulatory requirements for the disposal of technologically enhanced naturally occurring radioactive material (TENORM) waste generated from oil and gas development activities containing combined Radium 226 and Radium 228 in concentrations exceeding regulatory limits. The proposed regulations provide criteria for TENORM to be disposed in a permitted contained landfill ...
In an opinion released April 26 and designated for publication, the Kentucky Court of Appeals held the longstanding Kentucky law allowing a non-lawyer to represent a business entity at an administrative unemployment hearing is unconstitutional.[1] If upheld, this decision will have broad, statewide impact on how unemployment claims are handled in Kentucky ...
On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property ...
On Jan. 1, 2023, comprehensive tax legislation will take effect in Kentucky, potentially reducing Kentucky’s personal income tax in an effort to promote economic growth. To offset revenue losses, the legislation broadens the sales and use tax base and imposes new taxes and fees on electric vehicles, ride sharing and car rental services. In the near term, businesses must consider whether they must now collect and remit taxes and the effect of these new taxes on existing contracts ...
Kentucky Regulatory Amendments On September 15, 2017, the Division for Air Quality submitted amendments to 401 KAR 59:015 for new indirect heat exchangers and 401 KAR 61:015 for existing indirect heat exchangers. The Division stated the amendments were necessary to provide clarity for regulated entities and to remove duplicative requirements covered by federal regulations ...
Holiday parties are a great time for colleagues to close out the year while getting to know each other better outside of the office. However, a good party comes with certain risks, and it is important for employers to plan ahead to limit legal exposure and ensure their employees are safe. As you plan your year-end celebration, consider the following: Managing alcohol consumption: One person overindulging can create problems for everyone ...
In the early hours of Saturday, March 14, 2020, the House of Representatives passed the Families First Coronavirus Response Act, which is designed to expand relief in response to the coronavirus disease (COVID-19) outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
New Florida Statute Changes Building Code Requirements for Roof Repairs In May, Florida’s legislature met for a special session to address issues with property insurance claims and rates within the state ...
On November 7, 2023, Ohio voters passed Issue 2, a measure that will legalize the purchase and use of recreational marijuana. By passing this initiative, Ohio becomes the 24th state to legalize recreational marijuana. Issue 2 creates Chapter 3780 of the Ohio Revised Code. This new law will become effective on December 7, 2023 ...
On Jan. 14, 2020, Microsoft ended support for its Windows 2007 operating system. This means Microsoft will no longer issue regular security updates for users of Window 2007. The process of issuing security updates for computer systems is commonly referred to as “patching.” Similar to fabric patches that repair holes in clothing, software patches repair holes in computer programs ...
For the first time in ASTM E1527-13 (E1527-13),1 ASTM required the environmental professional (ENV Pro) to actively conduct a vapor survey.2 But it is difficult to explain how an ENV Pro should conduct a vapor survey, resulting in potentially deficient Phase I Environmental Site Assessments (Phase I ESAs) being provided to entities purchasing and investing in real property ...
Dinsmore real estate associate Sam Brinker was recently published in Bar Briefs, the Louisville Bar Association's monthly publication. He wrote on his experience as a transgender man and what paths may be considered to defeat the many pieces of anti-trans legislation circulating the country. Read an excerpt below ...
The IRS has issued Notice 2020-32 addressing the ability to deduct expenses paid with proceeds of Paycheck Protection Program loans. Under Section 1102 of the CARES Act, qualifying businesses are eligible for Small Business Administration Paycheck Protection loans of up to 2.5 times their average monthly payroll, calculated as defined in the Act ...
On Aug. 28, 2020, the U.S. Department of Treasury and the Internal Revenue Service (IRS) issued Notice 2020-65 (the Notice). The Notice implements President Donald Trump’s Aug. 8, 2020 directive (the Directive) to defer withholding, deposit, and payment of the 6.2 percent employee share of Social Security tax and railroad retirement equivalent tax on certain wages and compensation paid to employees ...
