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FMSHRC Withdraws Simplified Proceedings Program
Dinsmore & Shohl LLP, October 2019

On October 10, 2019, the Federal Mine Safety and Health Review Commission (“Commission”) published a notice it would withdraw its simplified proceedings program. The withdrawal of the program becomes effective 45 days after publication in the Federal Register unless adverse comment is received...

Cincinnati Is Latest City to Outlaw Hair Discrimination
Dinsmore & Shohl LLP, October 2019

Cincinnati, Ohio has joined a small but growing list of states and municipalities that ban discrimination on the basis of natural hair styles. On Oct. 9, 2019, the Cincinnati City Council voted 7-1 to add a hair-bias ban to the city’s existing non-discrimination law...

IRS Issues Proposed Regulations Regarding Individual Coverage HRAs
Dinsmore & Shohl LLP, October 2019

On Sept. 30, 2019, the IRS issued proposed regulations regarding how the employer-shared-responsibility provisions of the Affordable Care Act (ACA) and certain nondiscrimination rules under the Internal Revenue Code (Code) will apply to individual coverage health reimbursement accounts (HRAs). The proposed regulations aim to facilitate the adoption of individual coverage HRAs by employers on or after Jan. 1, 2020.   Background On Oct...

Kentucky Proposed 340B Policy and Procedures Manual
Dinsmore & Shohl LLP, October 2019

The Federal 340B Drug Discount Program (the “340B Program”) is a budget-neutral drug-pricing program that allows certain hospitals and clinics (“Covered Entities”) to buy discounted medication from drug manufacturers...

Changes to Definition of Ambulatory Surgical Facilities to Impact Hospitals
Dinsmore & Shohl LLP, October 2019

Effective Oct. 17, 2019, hospital outpatient departments (HOPDs) and other facilities which previously were exempt from the Ambulatory Surgical Facility (ASF) licensure requirement may now meet the criteria of an ASF. Governor Mike DeWine’s budget bill contained provisions which modified the definition of an ASF and will expand the number of facilities subject to regulation under Ohio law as an ASF...

Dental Practice Pays $10,000 in HIPAA Settlements for Disclosing Personal Health Information on Social Media
Dinsmore & Shohl LLP, October 2019

Elite Dental Associates, Dallas (“Elite”) has agreed to pay $10,000 to the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services and to adopt a corrective action plan to settle potential violations of the HIPAA Privacy Rule[1]. According to OCR, Elite is a privately owned dental practice in Dallas, Texas, providing general, implant, and cosmetic dentistry...

Proposed New Rules Implementing CFIUS Reforms
Dinsmore & Shohl LLP, October 2019

CFIUS inbound investment national security review expanding to certain non-controlling foreign investments in critical technology, critical infrastructure, and sensitive personal data, as well as to certain real estate transactions.  The U.S. Treasury Department published proposed rules in the Federal Register on Sept. 24, 2019, concerning changes to the review process for foreign investment conducted by the Committee on Foreign Investment in the United States (CFIUS)...

FDA to Convene Metal-Containing Implants and Dental Amalgams Panel, Nov. 13-14, 2019
Dinsmore & Shohl LLP, October 2019

FDA announced it will open a public docket and hold an Immunology Devices Panel meeting to deliberate the potential for patients who receive medical device implants that contain select metal or metal alloys to develop immune and inflammatory reactions. The panel may provide input on scientific information the FDA should consider as part of premarket review and postmarket surveillance of metal-containing implants and dental amalgams...

The Concept of Anchoring in Negotiation
Dinsmore & Shohl LLP, September 2019

Having a strategy when negotiating or participating in mediation is essential to a successful outcome that results in an agreement between the parties. Mediators see various levels of preparation and strategy by the parties participating in the process, and the party who approaches the mediation with a plan often achieves a more successful outcome. One effective strategy is anchoring: an effort to establish a reference point from which a party will make adjustments in negotiating...

D.C. Circuit Revives Veterinarian’s FCA Retaliation Suit Over Laboratory Animal Conditions
Dinsmore & Shohl LLP, September 2019

In a split decision on September 20 in Singletary v. Howard University, the D.C. Circuit reversed the dismissal of an FCA retaliation suit brought by a former Howard University veterinarian whose contract was cut short after she warned of unsafe conditions for animals in the medical school’s federally funded laboratories. No. 18-7158, 2019 U.S. App. LEXIS 28468 (Sept. 20, 2019)...

Breaking: US DOL Final OT Rule Raises the FLSA Exemption Thresholds, Effective Jan. 1, 2020
Dinsmore & Shohl LLP, September 2019

On Tuesday, Sept. 24, the U.S. Department of Labor (DOL) released the long-anticipated final rule for overtime exemptions, which alters the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. Under the final rule, the salary threshold levels for the white-collar exemptions and the highly compensated employee exemption were increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1...

House Vote on Cannabis Industry-Related SAFE Banking Act Scheduled for September 2019
Dinsmore & Shohl LLP, September 2019

As early as September 23, 2019, the United States House of Representatives is expected to vote on the widely anticipated Secure and Fair Enforcement (SAFE) Banking Act...

Third Circuit Holds FCA Qui Tam Plaintiffs Not Entitled to Automatic Hearing on Government Motion to Dismiss
Dinsmore & Shohl LLP, September 2019

On Thursday, September 12, the Third Circuit decided United States ex rel. Chang v. Children’s Advocacy Center of Delaware, No. 18-2311. In a precedential decision, the panel held that when a relator has not requested a hearing on a government motion to dismiss a federal False Claims Act (FCA) qui tam action, the court is not required to hold an in-person hearing before dismissing the action...

MSHA Civil Penalties, Respirable Silica Quartz, and OSHA Drone Use
Dinsmore & Shohl LLP, September 2019

An Update in the World of Workplace Safety MSHA Civil Penalties On August 16, 2019, the United States Department of Labor Office of Inspector General (“OIG”) issued a report on MSHA’s civil monetary penalties (“CMP”) program...

MV Transportation Inc. – NLRB rules on employer unilateral action
Dinsmore & Shohl LLP, September 2019

On Sept. 10, 2019, the National Labor Relations Board (NLRB) issued the MV Transportation decision and adopted the contract coverage standard in evaluating whether an employer’s unilateral action concerning terms and conditions of employment violates the National Labor Relations Act (NLRA) duty to bargain...

An Ounce of Prevention with Working from Home ADA Accommodations
Dinsmore & Shohl LLP, September 2019

As seen on BankDirector.com: Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing. Many banks use work from home, or telecommuting, as a perk to attract and retain talent...

NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes
Dinsmore & Shohl LLP, September 2019

On Monday, Sept. 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company and International Association of Machinists and Aerospace Workers, adopting a three part test for determining whether a bargaining unit is appropriate under the analysis set forth in PCC Structurals, Inc., 365 NLRB 160 (2017)...

FMLA for School IEP Meetings
Dinsmore & Shohl LLP, September 2019

In an opinion letter issued Aug. 8, 2019, the Wage and Hour Division of the United States Department of Labor (DOL) concluded an employee may take leave under the Family and Medical Leave Act (FMLA) to attend meetings to discuss the Individualized Education Plan (IEP) of the employee’s child with a qualifying serious health condition. BACKGROUND The employee has two children with qualifying serious health conditions under FMLA...

Examining the ‘Good Faith’ Requirement of Light-Duty Job Offers
Dinsmore & Shohl LLP, August 2019

The “good faith” requirement of a light-duty offer was just examined by the 10th District Court of Appeals and the Ohio Supreme Court with a somewhat surprising result.  Light-duty job offers can be a good way for employers to minimize the payment of temporary total disability compensation and bring injured workers back to the workforce.  However, these job offers must conform to very specific requirements under the Ohio Administrative Code...

USTR Announces List 4 Tariffs on $300B Imports from China While Continuing to Accept Exclusion Requests for List 3 Tariffs
Dinsmore & Shohl LLP, August 2019

The U.S.-China trade dispute escalated yet again as the Office of the U.S. Trade Representative (USTR) announced a fourth round of tariffs of 10 percent on an estimated $300 billion of goods imported from China not already subject to Section 301 tariffs.  At the same time, the USTR continues to accept List 3 exclusion requests and is working to complete review of List 1 and List 2 exclusion requests. 1. USTR Announces Section 301 Tariffs on $300B of U.S...

NCUA Issues New Guidance to Credit Unions Which Permits Hemp Banking
Dinsmore & Shohl LLP, August 2019

On August 19, 2019, the chairman of the National Credit Union Association issued a letter with guidance to all credit unions.  Prior to August 19, hemp businesses had difficulty locating banks or other entities that would permit them to conduct normal merchant banking activities. That issue has, in part, been addressed by this letter of guidance. Questions remain, however, regarding many merchant services and whether FinCEN will issue a similar guidance...

First False Claims Act Settlement Over Flawed Cybersecurity Could Be a Harbinger of the Future
Dinsmore & Shohl LLP, August 2019

In what appears to be a first under the False Claims Act, a case based on flawed cybersecurity has been settled, for nearly $9 million. On July 31, 2019, the Attorney General of New York announced that, alongside the U.S. Department of Justice, New York, eighteen other states, and the District of Columbia have reached an $8.6 million settlement with Cisco Systems, Inc. (“Cisco”) over sales of surveillance video software allegedly vulnerable to hacking...

NLRB Addresses Several Issues Involving Mandatory Arbitration Agreements Following Supreme Court Opinion in Epic Systems
Dinsmore & Shohl LLP, August 2019

On August 14, 2019, the National Labor Relations Board (NLRB) issued its Supplemental Decision, Order, and Notice to Show Cause in Cordúa Restaurants, Inc. and Steven Ramirez Rogelio Morales and Shearone Lewis, 368 NLRB No. 43 (2019). The decision resolves several important issues of first impression involving mandatory arbitration agreements following the U.S. Supreme Court’s opinion in Epic Systems Corp. v. Lewis, 84 U.S. __, 138 S.Ct. 1612 (2018)...

New Illinois Anti-Sexual Harassment Legislation Heavily Impacts Employer Procedures
Dinsmore & Shohl LLP, August 2019

Illinois Gov. J.B. Pritzker signed comprehensive legislation on Aug. 9 aimed to prevent sexual harassment and discrimination in the workplace. This omnibus legislation, which will go into effect on Jan. 1, 2020, imposes significant new responsibilities on employers. Workplace Transparency Act One of the new laws created in this legislation is the Workplace Transparency Act (WTA)...

Fifth Circuit Court of Appeals Enjoins EEOC Guidance on use of Criminal History in Employment Decisions
Dinsmore & Shohl LLP, August 2019

On August 6, 2019, the Fifth Circuit Court of Appeals issued a panel opinion in the case of Texas v. EEOC at al., Case No. 18-10638 (5th Cir. August 6, 2019), that looks to significantly impact the way employers may choose to treat employees or applicants with criminal backgrounds. Background In April 2012, the EEOC issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (Guidance)...

 

 

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