On March 17, 2020, the Trump administration announced an expansion of Medicare coverage for virtual health services. The Medicare expansion is intended to make medical offices more available to people who need to be seen in-person and to mitigate the spread of the novel Coronavirus. Medicare can now pay for office, hospital, and other visits furnished via virtual services across the country, including a patient’s place of residence, starting March 6, 2020 ...
On May 5, 2020, the Small Business Administration extended the time in which certain borrowers of Paycheck Protection Program loans may take advantage of the certification safe harbor SBA announced on April 24, 2020. The SBA also issued guidance on applying the affiliation rules to businesses with U.S. and foreign affiliates ...
When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it ...
On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what has been generally known for some time as the Clean Water Rule is replaced with the Navigable Waters Protection Rule. Just the name change suggests a new emphasis in implementing the Clean Water Act ...
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings? If so, then you need to be aware of some changes that took effect last month. The AAA revised its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”) to update some existing rules and to add new rules ...
Over the weekend, Governor Justice signed two new executive orders—Order 20-20 and Order 21-20—that further limit permissible activities in six West Virginia counties: Berkeley, Harrison, Jefferson, Kanawha, Monongalia, and Morgan. Under these orders, outdoor activities are further restricted to a maximum of five people and essential business and operations are directed, to the maximum extent possible, to order their employees and contractors to work remotely ...
Last week, the Consumer Financial Protection Bureau ("CFPB") published an informational guide to help settlement professionals navigating the changes that are a part of the Know Before You Owe mortgage initiative. After months of preparation, the TRID Rule became effective last fall, with the promise to help consumers make informed decisions about mortgage choices. Since that time, the CFPB has issued multiple updates and tweaks to the rule and requirements ...
As schools and institutions of higher education anticipate the release of new Title IX regulations this May, on Thursday, April 6, the U.S. Department of Education (the “Department”) released a new notice of proposed rulemaking relating to athletic eligibility under Title IX (the “Athletics NPRM”). The Athletics NPRM was forecast by the Department in its proposed Title IX regulations published in July 2022 ...
Introduction In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe Biden directed the Federal Trade Commission to ban or limit non-compete agreements. Historically, non-compete agreements have been regulated by the states, not the federal government ...
As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC Memo 23-08, the General Counsel, Jennifer Abruzzo, argued that the “proffer, maintenance, and enforcement” of non-compete agreements violate the Act because they interfere with employees’ rights under Section 7 ...
North Carolina The Executive Order prohibits mass gatherings that bring together more than 50 persons in a single room or single space (including any indoor or outdoor space) at the same time. However, the prohibition against mass gatherings does not include airports, bus and train stations, medical facilities, shopping malls and centers, office environments, factories, grocery stores, and child care facilities ...
The N.C. Building Code Council is required by North Carolina law to reevaluate the building code every six years. In light of climate change legislation enacted in North Carolina on the heels of Governor Cooper’s 2019 Clean Energy Plan, changes to the energy code are being considered that would result in an 18 percent increase in energy efficiency for new homes. These code changes are in line with the 2021 International Energy Conservation Code ...
In 2018, second-term Governor Roy Cooper issued climate-related Executive Orders, which was followed in 2019 by the state’s clean energy plan ...
Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. In addition to recording requirements on OSHA 300 logs, there are five standards that merit particular attention in the COVID-19 context ...
Beginning Sunday, April 19, 2020, at 8:00 p.m., Pennsylvania businesses that are still permitted to be open will be required to implement certain safety measures under the enforcement of various state agencies and the state police. The order issued by Department of Health Secretary Dr ...
The Small Business Administration emphasizes that businesses who participate in the Paycheck Protection Program must make a good faith certification that the loan request is “necessary” to support ongoing operations due to the current economic uncertainty ...
Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and recently converted them into an Act to be presented to the Governor. If signed into law, the Act would revise the lawsuit “triggering actions” in section 95 ...
On Monday, April 6, 2020, Pennsylvania Governor Tom Wolf announced the Pennsylvania Manufacturing Call to Action Portal, which allows businesses to help their bottom line while also helping Pennsylvania fight back against COVID-19 ...
At a news conference on April 20, Governor Wolf announced he is extending his stay-at-home order until May 8, 2020. But in a nod to a construction industry that has been particularly hard-hit by the Governor’s shutdown and stay-at-home orders, Governor Wolf said he also will permit construction (both residential and non-residential construction) to resume throughout the Commonwealth on May 8, 2020 ...
Governor Wolf has selected 24 counties for movement from the red phase to the yellow phase of the reopening plan. Once a business is permitted to open in-person operations, they must comply with certain requirements that are set forth in a guidance document available here. The Guidance references certain orders and documents issued by the PA Department of Health, PA Department of State and Governor's Office ...
While a recent Pennsylvania ruling issued In February 2023 has been hailed as a victory for the underfunded school districts in the state, it could be a long road ahead before meaningful change makes its way to the students, teachers, and schools who need it the most ...
Although government shutdown orders are being challenged across the country, the one issued by Pennsylvania Governor Tom Wolf appears to be receiving particular attention ...
Today, Governor Wolf signed an order to allow the administration to transfer supplies and information between medical facilities ...
Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an essential tool for providing workers with insight into how managers are making decisions about promotions, equity, and pay. In addition, performance evaluations will most certainly play a critical role if the employment relationship ends and litigation occurs ...
Originally published in West Virginia Banker With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks resolve most customer inquiries and disputes informally, with a phone call or through digital channels. Banks are incentivized in today’s hyper-competitive marketplace to do so to maintain customer satisfaction ...
