Tag Archives: Federal Legislative Update

U.S. Senate Votes to End the COVID-19 National Emergency Early

On March 29, 2023, the U.S. Senate voted to end the COVID-19 National Emergency declaration (“National Emergency”) early; it was previously slated to end on May 11, 2023, along with the Public Health Emergency (PHE). The resolution was signed by President Joe Biden on April 10, 2023. Both the National Emergency and the PHE began […]

The Second Prescription Drug Report is Due in June

A provision in the Consolidated Appropriations Act (CCA) of 2021 requires prescription drug reporting. Under the provision insurance companies and employer-based health plans must submit information about prescription drugs and health care spending. This data submission is called the RxDC report. This is an annual reporting requirement, and 2022 data is due to CMS by June […]

NLRB Issued Guidance Memo on Its Restriction of Confidentiality and Non-Disparagement Clauses in Severance Agreements

As we previously reported, the National Labor Relations Board’s (NLRB or Board) McLaren decision found that employers violate the National Labor Relations Act (NLRA) when they offer employees severance agreements that require employees to broadly waive their rights under Section 7 of the Act. At that time, there was an outstanding question as to whether the decision would […]

Updated FCRA Summary of Consumer Rights

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of Rights.” This version will replace the version published in October 2018. Employers will be required to use the updated […]

USCIS Announces a Change in F-1 Student Employment Authorization Period Under Special Student Relief (SSR)

Effective February 22, 2023, US Citizenship and Immigration Services (USCIS) announced a new policy that will allow F-1 students who are experiencing severe economic hardship due to emergent circumstances in their home country to receive employment authorization for a period of up to 18 months. This policy, known as Special Student Relief (SSR), will allow students to work […]

The FTC Extends the Comment Period for Its Proposed Ban on Non-Competes

As we previously reported, on January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that, if finalized, would make it unlawful for employers to require employees to agree not to compete with them for a specified period of time after leaving their employment. The rule would also make it unlawful for employers to require employees […]

Supreme Court Rules High Earnings Aren’t Enough to Satisfy the FLSA Salary Basis

On February 22, 2023, the Supreme Court ruled in Helix Energy Group, Inc. v. Hewitt that an employee (Hewitt) who was classified by his employer (Helix) as exempt from minimum wage and overtime, earning over $200,000 per year, but being paid on a daily rate, did not meet the Fair Labor Standards Act’s (FLSA) highly […]

The End of the COVID-19 National Emergency Will Impact COBRA Tolling Deadlines

The Biden Administration announced that it will end both the COVID-19 National Emergency and Public Health Emergency (PHE) (collectively referred to as “the National Emergency”) on May 11, 2023. The ending of the National Emergency means that the requirement to extend various benefit plan deadlines due to the COVID-19 pandemic will end as well. The […]

The IRS Reduces the Threshold for Requiring Electronic Filing of Information Return

On February 21, 2023, the IRS released final regulations which requires organizations to electronically file specified returns and other documents. The final regulations significantly reduce the threshold for mandatory electronic filing of all “information returns.” In 2024, organizations filing 10 or more returns or statements in a calendar year will be required to electronically submit […]

NLRB Restricts Confidentiality and Non-Disparagement Clauses in Severance Agreements

On February 21, 2023, the National Labor Relations Board (NLRB or Board) issued a decision in McLaren Macomb which impacts certain confidentiality and non-disparagement clauses in severance agreements for both union and non-union employers. The decision reinstates the NLRB’s pre-2020 standard restricting certain confidentiality and non-disparagement clauses in severance agreements that contain provisions that would […]