Monthly Archives: September 2021

Connecticut Requires Certain Hotels, Lodging Houses, Food Service Contractors and Building Service Enterprises to Recall Certain Laid-Off Workers

On July 13, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-189, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (the “Act”), which requires hotels, lodging houses, food service contractors, and building service enterprises with at least 15 employees to notify qualified laid off employees, whose lay-offs were due to lack of business, or a reduction or furlough of the employer’s workforce, due to the COVID-19 pandemic, about available positions. This obligation applies to those laid off employees (i) who were employed for six months or more in the twelve months preceding March 10, 2020, and (ii) whose most recent separation from active service, or whose failure to be scheduled for customary seasonal work by that employer, occurred after March 10, 2020, and before May 1, 2022.  The new notification requirements took effect on July 13, 2021.

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Podcast: No Surprises Act: Considerations for Plans and Providers – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  On December 27, 2020, President Trump signed into law the No Surprises Act as part of the $2.3 billion Consolidated Appropriations Act. Recently, the Biden administration issued its first interim final rule in order to implement this act, which will go into effect on January 1, 2022. While the goal is to protect patients from surprise billing, the law will also impose significant compliance burdens on plans, providers, and facilities.

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Charitable Health Systems and Other Owners of Tax-Exempt Property with Operations in Ohio Should Prepare for Upcoming Changes to Real Property Tax Exemption Laws

Starting in 2022, Ohio will require owners of tax-exempt real property to notify the county auditor if the exempt property ceases to qualify for exemption.

This is a substantial departure from current law, which had left the role of monitoring changes in exempt properties’ uses to the county auditors or Ohio’s tax commissioner; under the new law, health care entities that own property in the state must determine whether or not their property continues to qualify for exemption.

Ohio’s recent Budget Bill – House Bill 110 – created the new reporting requirement, which will be codified at section 5713.083 of the Ohio Revised Code.  The change will require those who own real estate that is exempt from property tax to notify the county auditor by December 31 of the year in which the property ceases to qualify for exemption.

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California Passes Law Marking a Dramatic Shift in Warehouse Worker Quotas

On September 22, 2021, California Governor Gavin Newsom signed into law a groundbreaking bill that affects warehouse distribution centers (“covered employers”) and their employees.

Effective January 1, 2022, AB 701, requires covered employers to provide nonexempt employees with a written description of each quota that the employee is subject to, including the number of tasks to be performed, or materials to be produced or handled, and any potential adverse employment action that could result from failure to meet the quota. The disclosures must be made at the time of hire, or within 30 days of the effective date of the law.

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ILN Today Post

Federal contractors have new guidance and December 8 deadline for vaccine mandates

On September 24, 2021, the U.S. Safer Federal Workforce Task Force released new guidance on compliance with President Joe Biden’s Executive Order 14042 “Ensuring Adequate Safety Protocols For Federal Contractors,” which mandates COVID-19 safety protocols that all federal prime contractors and subcontractors must follow. Read more…

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Video: Challenges and Guidance on Biden’s Vaccine Mandate, NY HERO Act Form Updated, Job Application Compliance – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we update you on recent guidance for and challenges to President Biden’s requirement that employers with 100 or more employees, federal employers and contractors, and health care employers mandate COVID-19 vaccination.

Presidential Vaccine Mandate: Challenges and Guidance

President Biden’s COVID-19 action plan set off a flurry of new guidelines for employers as well as challenges to the plan. Last week, new challenges were introduced in the courts, and the Safer Federal Workplace Task Force released guidance for federal employers and contractors on implementing mandatory vaccination policies. Attorneys Jill Bigler and Nathaniel Glasser tell us more. You can also read more about the guidance for federal contractors.

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COVID-19 Workplace Safety Guidance Issued for Federal Contractors and Subcontractors Imposes Major New Employee Vaccination and Other Requirements

On September 24, 2021, in response to the Path Out of the Pandemic: COVID-19 Action Plan announced by President Biden on September 9, and Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Order”), signed by the President the same day, the Safer Federal Workforce Task Force (“Task Force”) issued “COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors” (“Guidance”). The Guidance, which the Director of the Office of Management and Budget approved, is intended to ensure that COVID-19 safeguards are provided in workplace locations with individuals working on or in connection with a Federal Government contract or contract-like instrument.  The requirements apply to new contracts awarded on or after October 15, 2021, and to contracts entered before that date when an option is extended or an extension is made.

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ILN Today Post

OFAC sanctions necessitate improved cybersecurity preparedness and an experienced incident response team

As ransomware incidents skyrocket across the country, the U.S. government continues its efforts to combat cybercrime through all avenues. Most recently, sanctions were levied against a cryptocurrency exchange for facilitating illegal financial transactions to sanctioned entities. The recent sanctions indicate that, more than ever, organizations must take steps to both mitigate risk and properly handle cyber security incidents through an experienced response team when they occur. Read more…

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New York State Updates General Model Form of HERO Act Safety Plan

On September 23, 2021, the New York State Department of Labor (“NYSDOL”) released an update to its general model airborne infectious disease exposure prevention plan (“model plan”) for employers’ use in complying with the NY HERO Act. Specifically, the model plan’s language regarding face coverings and physical distancing was modified by:

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Los Angeles County to Require Proof of Vaccination at Certain Indoor Establishments – for Both On-Site Employees and Patrons

On September 17, 2021, Los Angeles County Department of Public Health (LACDPH) announced a public health order (“the Order”) requiring proof of COVID-19 vaccination for all on-site employees and visitors at indoor bars, breweries, wineries, distilleries, nightclubs, and lounges throughout the county. Effective Thursday, October 7, 2021 at 11:59 P.M., proof of vaccination will be required to enter these establishments, and will be strongly recommended, although not required, for restaurants with indoor dining. Patrons who do not provide proof of vaccination may still be served in outside areas of the venue or enter the indoor portion for pick up or delivery.

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