Under the COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers, the Centers for Medicare and Medicaid Services (CMS) had waived the requirements at 42 CFR 483.70(q), which require nursing home providers to submit staffing data through the Payroll-Based Journal (PBJ) system.
On Thursday, June 25, 2020, CMS issued ...On June 25, 2020, CMS updated COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers to add a waiver of the July 1 submission deadline for new Medicare Graduate Medical Education (GME) affiliation agreements and of the June 30 deadline for amendments of existing Medicare GME affiliation agreements. That is, during the ...
On June 23, 2020, the Departments of Health and Human Services, Treasury, and Labor jointly issued guidance clarifying insurer obligations under the Families First Coronavirus Response Act (FFCRA) enacted on March 18, 2020 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020.
More ...(Updated with information available from the Governor’s Office as of June 26, 2020 at Noon)
by Kathie McDonald-McClure, Partner
On Monday, June 22, 2020, during his coronavirus update, Governor Andy Beshear announced that Kentucky will begin Phase III of the White House reopening plan during the novel coronavirus 2019 (COVID-19) public ...
On June 23, 2020, the Department of Labor (“DOL”) released an interactive online tool that guides employees through a series of questions to determine their eligibility for paid sick leave or expanded family and medical leave under the Families First Coronavirus Response Act (“FFCRA”). The online tool is ...
On June 23, 2020, the Department of Labor (“DOL”) released an interactive online tool that guides employees through a series of questions to determine their eligibility for paid sick leave or expanded family and medical leave under the Families First Coronavirus Response Act (“FFCRA”). The online tool is ...
by Christopher Hanewald
The roll-out of guidance related to the Paycheck Protection Program (PPP) continues to trickle out as business owners and their advisors desperately work to understand the ever-evolving landscape. Late on June 22, the Small Business Administration (SBA), in consultation with the Treasury, released a 34-page ...
(Updated with information available from the Governor’s Office as of 4 pm, June 19, 2020)
by Kathie McDonald-McClure, Partner
On Wednesday, June 3, 2020, during his daily update, Governor Andy Beshear provided an overview of Kentucky’s efforts to combat the novel coronavirus 2019 (COVID-19) public health emergency (PHE). He noted that ...
Today the Supreme Court ruled against the Trump Administration’s attempt via the Department of Homeland Security (DHS) to end the DACA program (aka Deferred Action for Childhood Arrivals or “Dreamers”). DACA allows certain unauthorized aliens who arrived in the U.S. as children to apply for work authorization and various federal ...
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that COVID-19 antibody tests cannot be required before employees are permitted to return to the workplace. Since an antibody test constitutes a medical examination under the Americans with Disabilities Act (ADA), it is only permitted when it is ...
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that COVID-19 antibody tests cannot be required before employees are permitted to return to the workplace. Since an antibody test constitutes a medical examination under the Americans with Disabilities Act (ADA), it is only permitted when it is ...
By Max Bridges, with significant contributions from Conrad Herman, a 2020 Summer Associate
In April, the Supreme Court issued a landmark Clean Water Act decision by creating a new “functional equivalent” test to determine when a person who discharges pollutants to groundwater is required to obtain a National Pollutant Discharge ...
In a landmark decision, the Supreme Court of the United States held that the protections provided by Title VII of the Civil Rights Act of 1964 apply to gay, lesbian, and transgender employees. Title VII offers protection to workers from being discriminated against based on their race, color, religion, sex, or national ...
Until today, June 15, 2020, the question of whether federal law prohibits discrimination against gay, lesbian, and transgender employees was unsettled. In a 6-to-3 decision, the US Supreme Court settled this question, holding that under Title VII, such discrimination is illegal. Fewer than half of 50 states currently ban such ...
On June 8, 2020, the Centers for Medicare & Medicaid Services (CMS) issued recommendations on re-opening healthcare facilities to provide non-emergent non-COVID-19 (NCC) healthcare. CMS stated that these recommendations are applicable only to facilities in states and regions with no evidence of a rebound and that satisfy Phase II of the ...
Doug Alrutz, member of the Firm's Bankruptcy and Creditors' Rights Team, authored a guest column for the Memphis Business Journal entitled "Congress has simplified Chapter 11 for small businesses." Click here to read the article.
On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Q&A’s regarding COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act and other EEOC laws. In particular, parts of the new guidance address specific issues that may arise as older workers, pregnant ...
On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Q&A’s regarding COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act and other EEOC laws. In particular, parts of the new guidance address specific issues that may arise as older workers, pregnant ...
by Tyson Gorman, with significant contributions by 2020 Summer Associate, Joseph Profancik
So far, the year 2020 has once again exceeded our wildest expectations. On the heels of tragedy in Minneapolis and Louisville, protests across the nation have erupted in unprecedented support of social justice. Earlier this week, Starbucks made ...
(Updated with information available from the Governor’s Office as of 3 pm, June 12, 2020)
by Kathie McDonald-McClure, Partner
On Wednesday, June 3, 2020, during his daily update, Governor Andy Beshear provided an overview of Kentucky’s efforts to combat the novel coronavirus 2019 (COVID-19) public health emergency (PHE). He noted that ...
Written By: Gus Lazares
It seems hard to believe, but as America returns to work, many employees will start reaching the end of their emergency benefits under the Families First Coronavirus Response Act (FFCRA). While returning to work is a welcome development, employers need to be prepared to navigate their employees’ transition back from ...
With everything going on in the world today, it’s crazy to think that for many people, just last year their biggest decision (and likely the biggest argument in their household) was where to go for dinner. Then COVID-19 happened. And now, protests. Now, we are forced to have tougher (but much needed) conversations at home and in the workplace ...
President Trump has signed into law the Paycheck Protection Program Flexibility Act of 2020 (Flex Act). In the wake of criticism from many business owners, the Flex Act seeks to address a number of shortcomings of the Paycheck Protection Program (PPP). Most notably, the new legislation is targeted at two requirements of ...
(As of Noon, June 5, 2020)
by Kathie McDonald-McClure, Partner
On Wednesday, June 3, 2020, during his daily update, Governor Andy Beshear provided an overview of Kentucky’s efforts to combat the novel coronavirus 2019 (COVID-19) public health emergency (PHE). He noted that Kentucky was one of the first states to declare a state of emergency ...
In its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, the Equal Employment Opportunity Commission (“EEOC”) confirmed that, during a pandemic, an employer may require employees to wear personal protective equipment that is designed to reduce the transmission of infection ...
In its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, the Equal Employment Opportunity Commission (“EEOC”) confirmed that, during a pandemic, an employer may require employees to wear personal protective equipment that is designed to reduce the transmission of infection ...
The deep economic shocks emanating from the shelter-in-place orders caused by the Covid-19 pandemic are still reverberating through the nation’s economy. While discussions of further stimulus have begun in Washington, it is unlikely any further legislation passed will contain programs as substantial for ...