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Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration, and how policy and regulatory changes brought in by the incoming Trump...
In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation known as SRRA 2.0, which became effective on August 23, 2019. Most notably...
The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath , Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the Federal Communications Commission’s (FCC) “E-Rate Program” are considered...
On October 7, 2024, the New Jersey Board of Public Utilities (the “Board”) issued a Notice of Proposed Substantial Changes to its previously proposed Community Solar Energy Program regulations (the “Proposed Changes”). The notice addresses prior comments and issues changes to the Board’s September...
The number of states enacting pay transparency laws increased by one on November 18, 2024, when New Jersey Governor Phil Murphy signed into law a pay transparency act (P.L.2024, c.91) that requires covered employers to disclose wage or salary information and a description of benefits in job postings...
On November 1, 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a $90,000 settlement with Bryan County Ambulance Authority (“BCAA”), a provider of emergency medical services in Oklahoma, concerning potential violations of the Health Insurance...
Today, a federal court in the Eastern District of Texas vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (the “Rule”) that would have raised the minimum salary level at which executive, administrative, professional and highly compensated employees can be classified as exempt from...
The Maryland Department of Labor (“MDOL”) recently issued guidance to address the Maryland Wage Range Transparency law (the “Wage Transparency Act”) and the Pay Stub and Pay Statement law (“Pay Stub Act”) that went into effect October 1, 2024. Wage Transparency Act According to the MDOL, employers...
On November 7, 2024, the United States Court of Appeals for the Eleventh Circuit found, in the case of Joseph v. Board of Regents of the University System of Georgia, that Title IX does not provide an implied right of action for sex discrimination in employment. In addition to the obvious...
This month’s Friday Five discusses cases involving ERISA preemption, the methodology for calculating qualified joint and survivor annuity benefits, a dispute over an attempt to supplement the record before the Court, a factual dispute precluding summary judgment on a bad faith claim, and the payroll...
On October 21, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $70,000 against a solo dental practice that provides family dental care, Gums Dental Care, LLC (“GDC”), based on a complaint that GDC failed to...
Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision indicates that California’s ban on non-competes does not apply where the non...
On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and further mandates that large retail employers install panic buttons in the...
In October 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the imposition of a civil monetary payment against Providence Medical Institute (“PMI”), a large medical practice based in Southern California with 275 providers who work in 35...
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...
In late September 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a settlement with Cascade Eye and Skin Centers, P.C., a health care provider in the state of Washington (“CESC”), concerning potential violations of the Health Insurance...
This month’s Friday Five covers cases relating to Long-COVID, a class action RICO suit, the physical illness exclusion to accidental death and dismemberment claims, consideration due to an Administrative Law Judge’s disability determination, and self-reported claims of fatigue. The Saul Ewing ERISA...
This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...
“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term...