May 12, 2022 By: Mikhail Parnes and Devan McCarty Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health plans contend are incorporated by reference, are the basis for the appeal requirement. Health plans oftentimes analogize this process to the legal principle of exhaustion of administrative remedies ...
On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025. Historically, certain EAD categories were only eligible for an extension up to 180 days. The TFR will help avoid employment gaps for foreign nationals with pending EAD applications ...
Dinsmore labor and employment partner Thaddeus Harrell was published this week by Claims and Litigation Management (CLM) on the topic of navigating a fully in-office, remote or hybrid workforce and the legal considerations that come with each option. An excerpt is below ...
“Another game changer!” — Your takeaway from reading this summary of Washington’s Engrossed Substitute House Bill 1795, commonly known as the “Silenced No More Act,” which becomes law June 9, 2022, and has some important retroactive effects ...
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing Executive Order 14026. The rule requires any federal “contractor” to pay employees a minimum hourly wage of $15 and overtime wages for work beyond 40 hours per week. This wage is subject to yearly increases determined by DOL ...
As organisations start to rebuild post pandemic, many will be considering the introduction or reintroduction of bonuses to their employees. However, when it comes to payment of bonus to those who have had time away from work, employers need to take care ...
Amy Leech, employment law associate and Shoosmiths’ mental health and wellbeing champion, considers the benefits of having an employee led mental health champion network within your business. As an employer, you will have lots of opportunities to look after your employees’ mental health. However, many organisations are still just paying lip service to it ...
To coincide with Shoosmiths’ ‘The anywhere office - friend or foe to flexible working?’ event on Wednesday 4 May, we speak with Jessica Chivers, CEO at The Talent Keeper Specialists, on the process of returning to work after a period of long leave ...
On 28 March 2022, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 011/22 (“Notification”) to extend the deadline for foreign employee work permit applications from 31 March 2022 to 31 May 2022. The extension is aimed to help foreign employees who are not able to renew or apply for work permit on time in light of the COVID-19 outbreak ...
Developments in light of COVID-19 Unlike previous years, there were no major legislations or government regulations on labor and employment issues in 2021 ...
Ahead of Shoosmiths’ ‘The anywhere office - friend or foe to flexible working?’ event on Wednesday 4 May, we speak with Rachel Maguire and Hannah Hall-Turner, The Job Share Pair, to examine the job share model and its potential benefits. Rachel and Hannah put forward the case for job sharing, while sharing their tips on how to make it a success, with guidance for businesses and employees considering it as an option ...
Following the celebration of #WorldIPDay, we examine the growth of the Nigerian creative industry, identify ways to protect creativity and innovation in Nigeria, and suggestareas of improvement for the protection of IP rights in Nigeria. With the recent surge of #NFTs and other #Web3 affiliated forms of creative content, improvements to the Nigerian IP regime are imperative. Download PDFhere, or continue reading below ...
Dear valued clients, colleagues and friends, On 30 March 2022, the Employment (Amendment) Bill 2021 (“Amended Bill”) was passed in Dewan Negara (Senate). In this update, Vijayan Venugopal and Nur Najehah will outline the key changes and upcoming issues which employers should be aware considering this recent development. At the outset, before diving into the issues, it is important to first understand the present status of the Amended Bill ...
The government announced several new business immigration routes to be launched in 2022 which consolidate and reform existing routes. The aim is to provide more opportunities for businesses to attract talent from overseas as well as to provide opportunities for growing businesses and recent graduates from international universities. The new Global Business Mobility Visas comprise of five different categories: 1 ...
On March 18th, 2022, the Labor Board (hereinafter the “LB”) issued its Regulation No. 2 (hereinafter the “New Regulation”) which replaced Regulation No. 5 of 2009, regarding the requirements and procedure for applying to an exceptional working schedule. The New Regulation became effective on April 1st, 2022 ...
On 6 April 2022, Shoosmiths hosted the second in a series of webinars about the UK COVID-19 Public Inquiry. The webinar focussed on the current status of the inquiry and gave practical tips for potentially interested parties. Hosted by Hayley Saunders (Partner), the webinar included talks by Charles Arrand (Partner), Alex Friston (Associate) and Hannah Frost (Associate) ...
Telework is not a new phenomenon. According to the International Labour Organization, its rise dates back to the 1970s when a major oil crisis prompted many companies to keep their employees at home to reduce their energy consumption1. That said, since the Covid pandemic, teleworking has become widespread. Now, nearly a quarter of Canadian companies (22.5%) expect that 10% or more of their workforce will continue to telework after business is back to normal2 ...
April 19, 2022 By: T. Mark Tubis The U.S. Department of Health and Human Services (“HHS”) has renewed the January 31, 2020 determination that a public health emergency (“PHE”) exists nationwide. Each determination renews the PHE for 90 days, so all HHS/CMS waivers and flexibilities applicable during the PHE will continue until at least July 15, 2022, unless the PHE is terminated sooner ...
Overview The general counsel is requesting the NLRB find captive audience meetings to constitute an unfair labor practice if the employer fails to provide its employees with assurances against threat of discipline, discharge or other reprisal. The general counsel did not direct the regions to begin issuing administrative complaints against employers who require employees to attend captive audience meetings at this time ...
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 ...
On April 12, 2022, Law No. 21,440 was published in the Official Gazette, which modifies Law Decree No. 3,063 (Municipal Income Law), creating a new regime applicable to donations in favor of non-profit legal entities, which contemplates certain tax benefits. This new regime will be complementary to those contained in special regulations regarding donations ...
A summary of the key takeaways from a recent webinar on reducing scope 3 employee commuting and homeworking emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’. When setting science-based targets through the Science Based Targets initiative (SBTi), companies whose Scope 3 emissions account for more than 40% of their total emissions must set Scope 3 targets ...
April 12, 2022 By: Mary H. Rose Health care providers who received Provider Relief Funds under the CARES Act during Period 1 (April 10, 2020 to June 30, 2020) were required to use the funds by June 30, 2021 and submit a report to the Health Resources and Services Administration (HRSA) regarding use of the funds by September 30, 2021. On March 10, 2022, HRSA sent notices to approximately 10,000 providers who failed to meet the report deadline ...
