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Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others
Just three years after passing a statute significantly restricting the enforceability of physician non-compete agreements, Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7.
FEATURED STORY
Idaho Enacts New Coronavirus Vaccination Law
Under new legislation coined the “Coronavirus Stop Act,” employers doing business in the state of Idaho may no longer require a coronavirus vaccination as a term of employment unless required by federal law or where the terms of employment include travel to foreign jurisdictions requiring vaccination.
GT's The Performance Review Episode 20: All Secrets Revealed: Employee Investigations
In this episode, Sue Ann Van Dermyden, co-founder and senior partner at one of the nation’s top investigations firms, joins Philip Person and Ryan Bykerk to discuss the ins and outs of employee investigations.
NYC Passes Bill to Update Human Rights Law to Include Discrimination Based on Height, Weight
On May 11, 2023, the New York City Council passed Intro 209-A, which would amend the New York City Human Rights Law to include prohibitions on discrimination based on height and weight.
Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins
In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).
Next Puerto Rico Minimum Wage Increase: July 1, 2023
Puerto Rico’s second automatic increase in the minimum wage is July 1, 2023, from $8.50 per hour to $9.50 per hour.
IRS Issues Reminder that Claims Under Health and Dependent Care FSAs Must Be Substantiated
In a recently issued Chief Counsel Advice memorandum, the Internal Revenue Service (IRS) reminded sponsors of health and dependent care flexible spending arrangements (FSAs) of their obligation to properly substantiate claims as a condition of ensuring favorable tax treatment under Section 125 of the Internal Revenue Code (the Code).
Labor Department Releases New Guidance on Agency Enforcement of PUMP for Nursing Mothers Act
The U.S. Department of Labor Wage and Hour Division (WHD) has published guidance for agency officials responsible for enforcing the “pump at work” provisions of the Fair Labor Standards Act (FLSA), including those enacted under the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).
The End of AB 51?
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration agreements, where the court once again affirmed that the Federal Arbitration Act (FAA) preempts AB 51.
EEOC Classwide Subpoena Based on Individual Allegations Too Broad, Federal Appeals Court Rules
Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held the EEOC did not have the authority to expand the investigation beyond the individual allegations in the charge.
Featured Stories
Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
New Washington Law Regulates Warehouse Distribution Center Worker Quotas
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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