Monthly Archives: March 2022

New York HERO Act Designation Over, Six Months Later

The New York HERO Act website was quietly updated on the afternoon of March 18, 2022 to confirm that the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health has ended. This means the “activation” of HERO Act safety plans is over.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.

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President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments

On March 15, 2022, President Biden signed into law the 2022 Consolidated Appropriations Act containing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Cyber Incident Reporting Act”). While President Biden’s remarks highlighted the $13.6 billion in funding “to address Russia’s invasion of Ukraine and the impact on surrounding countries,” the 2022 Consolidated Appropriations Act contained numerous other laws, including the Cyber Incident Reporting Act, which should not be overlooked. The Cyber Incident Reporting Act puts in motion important new cybersecurity reporting requirements that will likely apply to businesses in almost every major sector of the economy, including health care, financial services, energy, transportation and commercial facilities. Critical infrastructure entities should monitor the upcoming rule-making by the Cybersecurity and Infrastructure Security Agency (“CISA”), as the final regulations will clarify the scope and application of the new law.

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President Biden Signs into Law the Cyber Incident Reporting Act, Imposing Reporting Requirements for Cyber Incidents and Ransomware Payments

On March 15, 2022, President Biden signed into law the 2022 Consolidated Appropriations Act containing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Cyber Incident Reporting Act”). While President Biden’s remarks highlighted the $13.6 billion in funding “to address Russia’s invasion of Ukraine and the impact on surrounding countries,” the 2022 Consolidated Appropriations Act contained numerous other laws, including the Cyber Incident Reporting Act, which should not be overlooked. The Cyber Incident Reporting Act puts in motion important new cybersecurity reporting requirements that will likely apply to businesses in almost every major sector of the economy, including health care, financial services, energy, transportation and commercial facilities. Critical infrastructure entities should monitor the upcoming rule-making by the Cybersecurity and Infrastructure Security Agency (“CISA”), as the final regulations will clarify the scope and application of the new law.

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Federal Court Reinstates Trump-Era Independent Contractor Rule

As discussed here, in January 2021, in the waning days of the Trump administration, the U.S. Department of Labor issued a Final Rule setting forth for the first time a standard for differentiating employees and independent contractors under the Fair Labor Standards Act.  The scheduled effective date of the new rule was March 8, 2021.

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ILN Today Post

HRSA uninsured program to stop accepting claims for testing and vaccination

With the Health Resources & Services Administration without the $22.5 billion in emergency funding it had requested, there are expected to be significant disruptions to programs administered by HRSA and other COVID-19 response efforts. The lack of funding comes at a critical time as a new hybrid variant of COVID-19 emerges in the United States and Europe.

As a result of the lack of funding, providers will soon be prohibited from submitting claims to HRSA for testing, treatment, and vaccination. Starting March 22, HRSA will stop accepting new claims for testing and treatment and on April 5, HRSA will stop accepting vaccination claims.

Click here to learn more about what providers can do and how this lack of funding will impact uninsured patients.

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Podcast: Interoperability: The Role of Health Information Exchanges – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  The interoperability and information-blocking rules have imposed new regulations and requirements on health information exchanges (HIEs). How are HIEs responding to these new regulations in a space they have been in for decades? In this episode of our special series on interoperability, hear from Dan Paoletti, CEO of the Ohio Health Information Partnership.

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RSS in Canadian Lawyer Magazine’s Top 10 Quebec Regional Firms

March 16, 2022 — Canadian Lawyer magazine has just released its annual rating of Quebec’s Top 10 Regional law firms: full-service firms with offices exclusively in the province. RSS is proud to be in the Top 10. The ratings are based on the results of a survey conducted in late 2021, in which 1,137 ballots were received for 38 nominated firms.

Andrew Penhale, CEO, is pleased with these results. “While facing many challenges over the past year, our team has continued to devote its expertise, energy and resources to our clients, assisting them with their legal issues. We like to think that this ranking is the result of our commitment to them.”

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Video: Policies to Help Employees Help Ukraine, Equal Pay Day, FMLA Certification – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at how employers can make adjustments to their benefits policies to assist employees who want to offer help and support to Ukraine.

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Force-majeure circumstances due to war in Ukraine

Force-majeure circumstances due to war in Ukraine
Ukrainian Chamber of Commerce and Industry has recognized the Russian aggression against Ukraine resulted in…

In EXP Legal we help legal entities and individuals navigate Ukraine/Russia crisis. In the section News of our website, you will find the latest news, details of who to call for help, and resources that will provide the insights you might need at this time.

Below is the full text of the press release from the Ukrainian Chamber of Commerce of March 14, 2022.

“The Ukrainian Chamber of Commerce and Industry (hereinafter – CCI of Ukraine) on the basis of Art. 14, 14’ of the Law of Ukraine “On Chambers of Commerce and Industry of Ukraine” of 02.12.1997 № 671/97-VR, the Statute of the CCI of Ukraine, evidenced force majeure circumstances (force majeure): military aggression of the Russian Federation against Ukraine, which led to the imposition of martial law from 05:30 on February 24, 2022 for 30 days, according to the Decree of the President of Ukraine of February 24, 2022 № 64/2022 On the imposition of martial law in Ukraine.

Considering the above-mentioned, the CCI of Ukraine confirms that these circumstances from February 24, 2022 until their official ending, are extraordinary, unavoidable and objective circumstances for business entities and / or individuals under the contract, separate tax and / or other obligations the fulfillment of which occurred in accordance with the terms of the contract, agreement, legislative or other regulations and the fulfillment of which became impossible in the set deadline due to the occurrence of such force majeure circumstances (force majeure)”.

From the practical viewpoint, this means that the Ukrainian companies (agents, distributors, franchisees) may suspend performance under the relevant agreements referring to force-majeure circumstances.

 

Key contacts

Avv. Antonello Corrado
Senior Partner
acorrado@explegal.it
Rome, Italy +39 06 687 69 17

Avv. Stefano Rossi
Senior Associate
srossi@explegal.it
Roma, Italy +39 06 687 69 17

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Considering Tracking Employees in Vehicles? New Jersey Now Requires Employers to Provide Notice

Next month, New Jersey private employers will need to start informing drivers before using GPS tracking devices in the vehicles they operate. A new state law that becomes effective April 18, 2022, requires employers to provide written notice to employees before using “electronic or mechanical devices” that are “designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.” The notification requirement applies to both employer-owned or -leased and personal vehicles.

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