Tara L. Humma

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The Department of Health and Human Services (HHS) has issued proposed regulations under the nondiscrimination provisions of Section 1557 of the Affordable Care Act (ACA). The proposed rules restore and augment a number of the nondiscrimination requirements in regulations that were published in 2016, but later stripped away in rules published in 2020. For example…

The United States indicted DaVita, Inc., and Kent Thiry, DaVita’s former Chief Executive Officer, last year alleging that they had violated Section 1 of the Sherman Act by engaging in “Conspiracy in Restraint of Trade to Allocate Employees.” The essential elements of the criminal charges were alleged agreements with competitors not to poach each other’s…

On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older.  The legislation amends the New Jersey Law Against Discrimination (“NJLAD”) in a several important ways.  First, the amendments remove language from the NJLAD that previously permitted employers…

Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will mean re-visiting much of the Board precedent established under the Trump-era Board (which, in turn, had overturned many of the …

Below are a number of significant developments related to COVID-19 that impact businesses of all sizes, across industries:

DOJ Says Vaccine Mandates Not Prohibited by EUA

This week, the Department of Justice (DOJ), Office of Legal Counsel (OLC) released to the public, a memo dated July 6, 2021. The memo can be found here and…

Philadelphia City Council enacted an ordinance, effective immediately, requiring all Philadelphia taxpayers to report any changes to their federal taxable income (as a result of a resolution of an audit, agreement with the IRS or court proceeding) to the Philadelphia Revenue Department (the Department). See our Tax colleagues’ more detailed alert on this ordinance here…