The Michigan law, known as the Surprise Medical Billing Law, has been in effect since last year. The Federal law, known as the No Surprises Act, took effect on January 1, 2022.
In a Memorandum Opinion and Order issued last week, a federal judge in the Eastern District of Texas vacated significant provisions in the regulations under the No Surprises Act.
Protection against unlawful treatment in the workplace is a goal shared by employers and employees alike. Employers that may have relaxed their compliance with federal employment and discrimination laws during the pandemic take note: the U.S. Equal Employment Opportunity Commission (EEOC) has been ramping up its enforcement activities; meaning employers should refocus on their internal review, implementation, and compliance with anti-discrimination, harassment, retaliation laws under the EEOC’s enforcement arm to avoid EEOC changes, investigations, and lawsuits.
In the broadest sense, non-compete agreements prohibit an employee from accepting employment by a competitor of an employer for a certain time. They are treated differently than non-solicitation agreements and confidentiality agreements. While non-compete agreements may not solely prevent competition – the agreement cannot prohibit an employee from using general knowledge or skills – they prohibit unfair advantage in competition by the employee. For example, in a medical setting, among other things, a non-compete agreement can protect an employer from losing patients to departing physicians, the benefit of investment in specialized training for the employee, and confidential business information or patient lists.
The Securities and Exchange Commission (SEC) is proposing to amend certain rules that govern beneficial ownership reporting.
Legislators in the U.S. Congress, Arizona, and California have proposed legislation restricting U.S. subsidiaries of foreign corporations from making political contributions.
On Jan. 20, 2022, the Board of Governors of the Federal Reserve System (Fed) issued the Money and Payments: The U.S. Dollar in the Age of Digital Transformation paper (Paper) to discuss how a potential U.S. central bank digital currency (CBDC) could improve the U.S. domestic payments system.
The CFPB has issued a procedural rule that updates its Rules of Practice for Adjudication Proceedings (Rules of Practice) and a request for comment.
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, 137 S.Ct. 1773 (2017), addressing due process concerns related to personal jurisdiction where many (but not all) plaintiffs were residents of states outside the jurisdiction where the lawsuit was filed. In short, the Court held “specific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdiction” and that no specific jurisdiction existed over Bristol-Myers as to the out-of-state plaintiffs’ claims.
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options, determining whether plan fiduciaries meet ERISA’s duty of prudence requires a context-specific analysis. Plan fiduciaries must conduct their own independent evaluation to determine which investments may be prudently included in the plan’s menu of options, the Supreme Court said, and if the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their ERISA fiduciary duty.
The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.
In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.
On December 16, 2022, a federal district judge in California denied artist Ryder Ripps’s and his partner’s anti-SLAPP motion and motion to dismiss in a closely monitored action filed against them by Yuga Labs, Inc. (“Yuga”), the creator behind the monumentally successful Bored Ape Yacht Club (“BAYC”) NFTs.
If your New Year’s resolution is fitness-related, we’re on the same page … or hamster wheel.
Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry.
The Equal Employment Opportunity Commission (EEOC) promised in a March 2022 hearing to address what it considered to be “severe and pervasive” discrimination in the construction sector.
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