September 16, 2021 By: John Epperson The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300 Injury and Illness Log. OSHA’s recording criteria under 29 CFR 1904 ...
On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021. In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule) ...
On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon ...
Royal Court of Jersey (MacRae, Deputy Bailiff, and Jurats Crill and Dulake) The judgment concerned an application by a Trustee of two Jersey law trusts for the blessing of its decision to give effect to an agreement between beneficiaries regarding division of the trust assets. A key aspect of the agreement was the addition of the late settlor’s widow to the beneficial class of one of the trusts in order for her to receive benefit under it ...
Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented ...
In the November 2020 election, California voters approved the California Privacy Rights Act of 2020 (“CPRA”) amending the California Consumer Privacy Act of 2018 (“CCPA”). Businesses are expected to comply with the CPRA by January 1, 2022. Together, the CCPA and CPRA set out standards that California businesses must follow in gathering and maintaining personal information about consumers ...
In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes ...
Introduction to Jersey Jersey is the largest of the Channel Islands and is a British Crown dependency. It has its own financial legal and judicial systems. It is not part of the UK or of the European Union (although it has close relationships with both) ...
Introduction Carey Olsen Starting Point Guides are intended as a general introduction and guide to different aspects of Jersey employment law. They are a summary of the most important issues that we come across. They are very much edited highlights of those issues. If you would like legal advice in relation to any specific circumstances, please do give us a call. Jersey - not just cows Jersey is the largest of the Channel Islands and is a British Crown dependency ...
Key Points The State Assembly and Senate have both passed AB 361 and AB 339, two bills aimed at addressing Brown Act teleconferencing requirements in the COVID-19 landscape. The Governor is expected to sign or veto the bills before October 1 ...
Key Points Opponents of the proposed Oakland A's stadium at Howard Terminal argued that the Governor missed a deadline to certify the project for an expedited environmental review pursuant to Assembly Bill (AB) 734, a special purpose bill. AB 734 contained no explicit deadline for certification, but it incorporated guidelines from AB 900, as amended, which did include a certification deadline ...
Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions ...
Article PDF Practical Insights Five Points to Negotiate in a 'Black Box' Product Development Agreement What is a “black box” product development agreement? How do you protect your product idea? What intellectual property can a Manufacturer expect to own? Can a Manufacturer limit a Processor’s right to work for others? What about co-manufacturing agreements? What is a “black box” product development agreement? A food
Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions ...
as published in the Fall 2021 issue of West Virginia Banker magazine As the world (hopefully) comes out of the COVID-19 pandemic later this year, the way we conduct business is changing. The banking industry, described by one commentator as “the most old-school of the old-school professions,” is criticized as being resistant to change. As one article described it, “the fundamental ways that financial institutions function have not changed with the times ...
The Biden administration is instructing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work ...
President Joe Biden announced Thursday, Sept. 9, that in the coming weeks, companies with 100 or more employees will be required to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week.[1] Additionally, employers must provide employees time off to get vaccinated and to recover from any side effects. Press Secretary Jen Psaki previewed the forthcoming requirements in her briefing to the press on Thursday ...
Employee Retention Credits (“ERC” or “credits”) are available to eligible employers that paid qualified wages after March 12, 2020, and before January 1, 2022. Multiple pieces of legislation and Internal Revenue Service (“IRS”) guidance expanded and modified the ERC rules and determination of eligibility for ERC, and computation of the credits may vary based on each individual calendar quarter in 2020 and 2021 ...
Home health care is one of Ohio’s fastest-growing occupations. To date, the agencies providing skilled home health care, non-medical home health/personal care services, and non-agency providers of nonmedical home health/personal care services have been unlicensed in Ohio ...
Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within district boundaries and in some cases, by agreement with other government entities outside district boundaries ...
Port districts in Washington now have broad authority to extend broadband into unserved areas. ESHB 1336 amends RCW 53.08.370 to grant ports broad authority to provide wholesale and retail telecommunication services within district boundaries and in some cases, by agreement with other government entities outside district boundaries ...
The effect of a successful application for a Certificate of Lawful Use is to regularise an historic, unlawful change of use of land without having to obtain planning permission ...
[!<CDATA[ On September 7, the CFPB issued a Notice of Proposed Rulemaking regarding Dodd Frank Section 1071. This provision of the Dodd-Frank Act will require that financial services providers making loans to small businesses, women-owned businesses, and minority-owned businesses collect and report HMDA-like data points to the CFPB. The Bureau, in turn, will make some of this data publicly available ...
