On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may assess a penalty of up to $1,100 per violation each time it finds an
Christopher T. Cognato
Federal District Court Finds Public University Vaccine Mandate Likely Lawful
By Christopher T. Cognato & Jay A. Zweig on
In a closely-watched case that may be a preview of other court decisions involving COVID-vaccination mandates for students returning to school and employees returning to the workplace, a federal district court has denied a request to enjoin Indiana University’s COVID-19 vaccine policy for students. The policy includes a requirement that students provide documentation proving that…
Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework
By Christopher T. Cognato & Jay A. Zweig on
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer. The public will have until August 23, 2021…
HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity
By Christopher T. Cognato on
Employers with employee health plans subject to the Affordable Care Act (ACA) should take note that, earlier this week, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) will begin enforcing Section 1557 of ACA to prohibit discrimination based on sexual orientation and gender identity. Section 1557…
Eleventh Circuit Overturns Landmark Accessibility Decision in Winn-Dixie, Determines Certain Websites Are Not “Public Accommodations” Covered by Title III of the ADA
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”). The decision reversed a 2017 federal district court opinion – in what may be the only website…
Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date of several rules the agency published during the Trump Administration. Though for now the move is merely a delay, it…
HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021
By Christopher T. Cognato & Jay A. Zweig on
Posted in HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) has been the subject of several major developments already in 2021. Healthcare providers, health plans, healthcare clearinghouses, and business associates subject to HIPAA must consider these developments to comply with HIPAA’s technical requirements through 2021 and beyond. For those entities subject to the HIPAA Privacy Rule and…
Biden Administration Changes PPP Again, Announces Exclusive Window for Small Businesses, Sole Proprietors, and Independent Contractors
The Biden Administration announced further changes to the Payroll Protection Program (PPP). These changes are aimed at increasing lending to small business and independent contractors, removing barriers to borrowing, enhancing transparency, reducing fraud, and increasing the program’s engagement with other would-be borrowers.
Beginning this Wednesday, February 24, only businesses with fewer 20 employees can apply…
Department of Labor Suspends Rule on Tipping Pooling and Use of Tip Credit and Rescinds Opinion Letter
On January 26, 2021, the U.S. Department of Labor (DOL) suspended the Final Rule on tipped employees that it had issued on December 22, 2020. The Final Rule would have clarified tip-pooling for employees in the food service and hospitality industry, as well as how the tip credit applied to employees who perform both tipped…