North America

Video & Podcast: Action Pending from Biden’s OFCCP and OSHA – Employment Law This Week

As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation.

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Tax Exemptions for Clean Energy Technologies Under Massachusetts Clean Energy Bill

On March 26, 2021, Massachusetts Governor Charlie Baker signed a comprehensive climate change bill known as Senate Bill 9 – An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy (the Act), which is designed to eliminate carbon emissions in Massachusetts by 2050 by promoting renewable energy and reducing the state’s reliance on fossil fuels. The Act contains several provisions addressing local property taxation of wind, solar, energy storage, and fuel cell technologies.

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Post-Employment Actions May Trigger Liability for Retaliation Under the False Claims Act

Can an employer be held liable under the False Claims Act (“FCA”) for retaliation if it takes some adverse action against a former employee? Until recently, only one federal appellate court had addressed the issue, holding that the FCA does not cover post-employment retaliation.[1] However, on April 1, 2021, the Sixth Circuit reached the opposite conclusion in United States ex rel. Felten v. William Beaumont Hospital, creating a circuit split and different rules for employers in different jurisdictions.

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Lewis Rice Member Ronald A. Norwood Serves on Missouri Bar’s Special Committee on Lawyers of Color to Establish Diversity, Inclusion Programs

In an effort designed to increase the retention of diverse lawyers and promote greater participation in leadership roles within The Missouri Bar, Lewis Rice member and Chairman of the firm’s Diversity & Inclusion Committee Ronald A. Norwood was selected to serve on The Missouri Bar Special Committee on Lawyers of Color. The work of this Special Committee and active participation by Norwood has resulted in six new initiatives being presented to and unanimously approved by the Board of Governors of The Missouri Bar. Based on national best practices in the legal profession, the Board-approved recommendations include: Read more…

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Supreme Court Narrows Definition of Autodialer in Facebook Ruling

The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the uncertainty that had led to a long-standing split in the circuit courts. Read more…

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Marcel-Olivier Nadeau Elected on the Board of Directors of the Bar of Quebec

March 31, 2021 — The Barreau du Québec announced this morning that Marcel-Olivier Nadeau becomes a director of the Bar, and will serve a two-year mandate as representative of the Barreau du Saguenay–Lac-Saint-Jean. Mr. Nadeau is already bâtonnier of the local Bar.

Andrew Penhale, RSS’s Managing Partner, is pleased with this election. “Members of our firm have always been very much involved in their community; and this includes the legal community. We all stand behind Marcel-Olivier.”

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Video: DOL Electronic Notices Guidance, EEO-1 Reporting Delayed, CA COVID-19 Paid Sick Leave – Employment Law This Week

As featured in #WorkforceWednesday:  This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.

Video: YouTubeVimeo.

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Licensing Procedures for Information and Communications Technology and Services Supply Chain

On January 19, 2021, the U.S. Department of Commerce (Commerce) published an interim final rule, “Securing the Information and Communications Technology and Services Supply Chain,” which became effective on March 22, 2021. In short, it allows the Secretary of Commerce, in accordance with Executive Order 13873, to prohibit certain information and communications technology and services transactions (ICTS Transactions) to address national security threats. For additional information on the interim final rule, effective as of March 22, please see our previous article.

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ARPA Requires Tax-Free COBRA Subsidy

As part of the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, employers will be required to provide, on a tax-free basis, a subsidy to employees and their qualified beneficiaries to pay 100% of the COBRA continuation premium for group health plan coverage. This subsidy applies only to “assistance eligible individuals,” who are eligible for COBRA as a result of an involuntary termination of employment or a reduction in hours and who are, or could have been, eligible for COBRA during the period of April 1, 2021 through September 30, 2021 (the “Subsidy Period”).

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Brian A. Kreucher of Howard & Howard Selected to 2021 “Michigan’s Go To Employment Law Lawyers” by Michigan Lawyers Weekly

ROYAL OAK, Mich., March 30, 2021 – Attorney Brian A. Kreucher has been named to “Michigan’s Go To Employment Law Lawyers” class of 2021 by Michigan Lawyers Weekly. The award recognizes the top 20 lawyers across the state in a given practice area as nominated by their peers.

A “Michigan Go To Lawyer” is an expert in his or her field, well-versed in the nuances of the case law, statutes and regulations clients will encounter; experienced, with a record of success in many cases and/or transactions; a lawyer to whom other lawyers make referrals because of his or her expertise and accomplishments; a lawyer who can think creatively and identify all options for a client; a lawyer you would name when a friend needs legal help; and a lawyer you might call yourself if you needed legal help in his or her field of expertise.

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