Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds will be available in the near-term, employers with funds in SVB may remain concerned about their ability to meet ongoing obligations. … Continue Reading
Tara L. Humma
SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, therefore, entitled to overtime pay for hours worked over 40 in a work week. … Continue Reading
Back and Forth to the Future: HHS Issues Proposed Rules on Nondiscrimination
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.… Continue Reading
DaVita, Former CEO, Not Guilty in Criminal Case Over Alleged ‘No-Poach’ Agreements
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 employees.… Continue Reading
NEW JERSEY LAW AGAINST DISCRIMINATION AMENDED TO PROTECT EMPLOYEES 70 OR OLDER
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 to forego hiring individuals or offering them promotions if they were 70 or older. … Continue Reading
NLRB Will See a Shift in Majority After Senate Confirms Wilcox and Prouty to Board Seats
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 Obama Board’s most controversial decisions).… Continue Reading
COVID NEWS – DOJ Says Vaccine Mandates Not Prohibited by EUA Law and CDC Updates Mask Guidance for the Vaccinated
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 discusses vaccine mandates and the OLC’s position that the Food, Drug, and Cosmetic Act’s (FDCA) Emergency Use Authorization (EUA) provisions do not prohibit employer vaccine mandates.… Continue Reading
EXPIRATION OF PHILADELPHIA’S PUBLIC HEALTH EMERGENCY LEAVE
On March 29, 2021, the City of Philadelphia enacted an ordinance providing for paid Public Health Emergency Leave (PHEL). Our blog post on the requirements of the leave can be found here. That leave requirement is now expired and employers no longer need to provide this leave.
The PHEL’s sunset provision tied its expiration specifically to the rescission or expiration of the Pennsylvania Governor’s Proclamation of Disaster Emergency.… Continue Reading
Philadelphia Ordinance Requires Reporting of Changes to Federal Taxable Income
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.… Continue Reading
EEOC ANNOUNCES NEW DEADLINE FOR FILING 2019 AND 2020 EEO-1 EMPLOYER DATA
In May of 2020, we reported that the EEOC announced that it would delay collection of 2019 EEO-1 Component 1 data from employers due to the COVID-19 pandemic. The EEOC announced today that collection of 2019 and 2020 EEO-1 data is now open and the data must be submitted by July 19, 2021. … Continue Reading