ILN Today Post

OSHA ETS vax or test mandate revived: What now?

Employers were left in limbo when the U.S. Court of Appeals for the Fifth Circuit issued a nationwide stay on OSHA’s Emergency Temporary Standard (ETS) in November. Now, in a 2-1 decision issued late on December 17, the U.S. Court of Appeals for the Sixth Circuit has lifted the stay clearing the way for OSHA to resume enforcement of the vaccination or test rule. Immediately following the decision, 27 business groups filed an appeal with the U.S. Supreme Court in an attempt to overturn the Sixth Circuit’s decision. Just days before many are headed off for a holiday break, employers are once again wondering – what now? Read more…

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ILN Today Post

CANADA EMERGENCY RENT SUBSIDY HOLIDAY UPDATE

As enacted on November 19, 2020 by Bill C-9 (An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)), the Canada Emergency Rent Subsidy (“CERS“) has provided a rent subsidy for businesses that experienced a drop in revenue during the COVID-19 pandemic. Under the CERS program, businesses applied for the rent subsidy on a monthly basis for each “qualifying period”. On October 21, 2021, the Federal Government confirmed that the CERS program would not be extended beyond the October 23, 2021 qualifying period. Therefore, the final qualifying period for which businesses may make a claim under the CERS program is from September 26, 2021 to October 23, 2021. The deadline to submit a claim for this final period is April 21, 2022.

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The EEOC Releases Guidance: What Employers Should Know About COVID-19

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” Technical Assistance Questions & Answers (the “Guidance”). The most significant change is the addition of a long-awaited discussion of “long COVID,” which other federal agencies had identified as a disability in joint guidance issued back in July.

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ILN Today Post

OSHA ETS vax or test mandate revived: What now?

Employers were left in limbo when the U.S. Court of Appeals for the Fifth Circuit issued a nationwide stay on OSHA’s Emergency Temporary Standard (ETS) in November. Now, in a 2-1 decision issued late on December 17, the U.S. Court of Appeals for the Sixth Circuit has lifted the stay clearing the way for OSHA to resume enforcement of the vaccination or test rule. Immediately following the decision, 27 business groups filed an appeal with the U.S. Supreme Court in an attempt to overturn the Sixth Circuit’s decision. Just days before many are headed off for a holiday break, employers are once again wondering – what now? Read more…

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Ringing in the New Year with Minimum Wage Increases and Revised Exempt Salary Thresholds

Before ringing in the New Year, employers should carefully evaluate whether they need to adjust their current practices to ensure that they remain compliant with state and local laws, including those relating to minimum wage and salary thresholds for exempt employees.

As reflected in the charts below, in 2022, minimum wages will increase in more than two dozen states and localities, with many changes taking effect January 1st.  Accordingly, employers with minimum wage workers should consult with counsel to ensure that their compensation practices are compliant with the laws in all jurisdictions in which they operate. Employers should pay particular attention to the effective date to ensure compliance by the appropriate date.

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CMS Vaccination Rule Allowed to Go Forward Nationwide, Though Still Stayed in 24 States

Our colleagues of Epstein Becker Green have a new post on the Health Employment and Labor blog that will be of interest to our readers: “Update: CMS Interim Final Rule Stay Lifted Nationwide, Still in Effect in Twenty-Four Plaintiff States“.

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Establishing a Business Entity: Sharon Druker Co-author of the Latest Edition of This Guide

December 17, 2021 — The International Lawyers Network, an association of law firms present in 67 countries, just released the latest annual edition of Establishing a Business Entity: An International Guide, a guide to creating businesses in 42 jurisdictions.

For the eight consecutive year, Sharon G. Druker, Ad. E., is the coauthor of the chapter on Canada. The guide can be downloaded at no cost by clicking here.

Sharon also wrote the chapter on Quebec law in Buying and Selling Real Estate: An International Guide, available by clicking here.

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Update: CMS Interim Final Rule Stay Lifted Nationwide, Still in Effect in Twenty-Four Plaintiff States

As we previously reported, the Centers for Medicare & Medicaid Services’ (CMS’s) interim final rule (the “Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and suppliers (i.e., the “vaccine mandate”) was effectively stayed nationwide on November 30, 2021, by the U.S. District Court for the Western District of Louisiana (the “Louisiana Court”).  In yet another twist to the ongoing legal battles, the U.S. Court of Appeals for the Fifth Circuit lifted the nationwide stay and held that the Louisiana Court only had authority to block the vaccine mandate in the fourteen plaintiff states that brought suit in that court. Those states are Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah, and West Virginia.

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Holiday Cyber Storm Warnings

Recent data thefts and systems intrusions, particularly with respect to ransomware, have assured that cybersecurity is top of mind for corporate executives and compliance officials. We at EBG have tried to keep you up to date with respect to legislative, regulatory and litigation developments and recommended best practices and procedures. As we close out the year, we all should remain mindful that cyber criminals, especially those who are supported or protected by foreign adversaries, have little incentive to rest up during the holidays. Indeed, they likely will find that a loosened semi-remote business environment offers them opportunities to exploit human and technologic weakness that allow execution of Zero Day exploits and other attacks upon corporate information systems. Through our participation in the National Chamber of Commerce Cyber Security Working Group, we have been actively interfacing with Executive Branch and Congressional officials to contribute to and to monitor the array of proposals being considered by the Congress, and the regulatory guidance being issued by federal agencies including The National Institute of Standards and Technology (“NIST”) of the Department of Commerce, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency “CISA,” the Department of Health & Human Services Office of Civil Rights that deals with PHI protection, as well as the Treasury Department’s Office of Foreign Asset Control (“OFAC”). Thus, we have issued recent guidance concerning ransomware avoidance and resilience, the availability of helpful best practices tool kits from NIST and CISA, and heightened responsibilities with respect to ransomware payment decisions. We expect that the need for counselling with respect to cybersecurity and privacy compliance, data breach and ransomware response, and litigation defense is unlikely to diminish in the year ahead. From both regulatory and enforcement perspectives, government recognizes it as well.

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ILN Releases 8th Edition of Corporate Publication, Offering a Summary of Key Corporate Law Principles in 42 Countries

We’ve launched the eighth edition of our corporate guide!

The International Lawyers Network’s Corporate Specialty Group is delighted to announce the eighth release of its corporate publication, “Establishing a Business Entity: An International Guide.” This collaborative electronic guide offers a summary of key corporate law principles in 42 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions.

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