June 21, 2021

Volume XI, Number 172

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June 21, 2021

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FEATURED ARTICLES

SCOTUS affirms student athletes NCAA v Alston
Supreme Court Sides with Student-Athletes in NCAA v. Alston, Expands Permissible Types of Compensation On June 21, 2021, the United... Read More >
COVID-19 Quarantine Leave Employer Employee Doctor Note
Since last year, the Barnes & Thornburg COVID-19 Workplace Litigation Tracker team has been following O’Bryan v. Joe Taylor... Read More >
US OSHA ETS Workplace Employer COVID Guidelines Employees
On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID-19 Healthcare Emergency Temporary Standard (ETS).... Read More >
US Pet Adoption COVID Coronavirus Pet-Friendly Office Workplace
With so much of the workforce going remote this past year, there has been a huge shift in the way many people view pet ownership. In fact, the... Read More >
California's OSHBS approved new Coronavirus emergency standards effective June 17 2021
As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special... Read More >
Diversity and inclusion in the office are more than aspirational goals
In the wake of an increased focus on racial justice in the summer of 2020, many employers began to recognize and observe Juneteenth as a way to... Read More >
What will happen if the EB-5 Regional Center program expires in June 2021?
The EB-5 Regional Center program is set to expire again on June 30, 2021.  The US Congress has never made the Regional Center program permanent... Read More >
Mortgage Lenders And Other Consumer Lenders Juneteenth Enactment
On June 17, 2021, President Biden signed Senate Bill 475 into law, making “Juneteenth” a federal holiday. Because June 19th (... Read More >
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OSHA COVID-19 ETS
After releasing an Emergency Temporary Standard (ETS) for COVID-19 for healthcare employers on June... Read More >
US OSHA HCS Hazard Communication Label Chemical Safety
As Occupational Safety and Health Administration (“OSHA”) evaluates amending the Hazard... Read More >
US IRS Notice Procedure Updates June 2021
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant... Read More >
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US MD DE RI NY MA ME Bankruptcy Business Filings Corporations Assets
Covering reported business bankruptcy filings in Massachusetts, Maine, New Hampshire and Rhode... Read More >
DOE Title IX Coordinator
In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.... Read More >
US ERISA Employee Benefits Fiduciary Claimant Communications Calls Transcripts
The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29... Read More >
employer mask policies for return to work
With the wide availability of COVID-19 vaccines and as COVID-19 cases continue declining, employers... Read More >
Reputation Management for Healthcare Practices
Roetzel HealthLaw HotSpot® is a podcast and YouTube channel for physicians and health professionals... Read More >
SCOTUS Narrow Reading of CFAA
A significant opinion concerning computer security was one of those the United States Supreme Court... Read More >
Delays to H-1B Rules Changes
Citing the need to adequately assess their potential impact, the Biden Administration seeks to... Read More >

Emerging Legal News

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Federal Law News

 Federal Mine Safety and Health Act, discrimination Federal Mine Safety and Health Act, Section 105(c) of the Mine Act,

The Ninth Circuit Court of Appeals recently took a fresh look at the test for discrimination under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), issuing a decision that could signal a major shift...

ERISA clipboard Tenth Circuit affirms revenue credit damages clarifies prohibited transactions

On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the decision of the District of Colorado calculating damages and prejudgment interest...

US Ninth Circuit Endangered Species Lawsuit Climate Change Pacific Walrus

Of course elections matter, and executive branch changes may bring real and meaningful policy change.  But the federal Administrative Procedure Act (APA) limits the executive branch’s discretion to shape policy by requiring that policy changes be...

Trader Joe's building vanilla cereal lawsuit dismissed Ninth Circuit court

 On June 14, 2021, the U.S. District Court for the Northern District of California dismissed without prejudice the first amended complaint in a consumer class action lawsuit against Trader Joe’s over the claim...

PFAS in cosmetics has received steadily increasing media attention and with the publication of a June 15, 2021 scientific study in the ...

ADA reasonable accommodation, reasonable accommodation, job sharing positions,

The United States Court of Appeals for the Fourth Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia – clarified in an opinion...

USPTO Seal of the US

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to...

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State Law News

US North Carolina NC Medical Malpractice Litigation Personal Injury

With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community.

Doctors, nurses...

US Baltimore Maryland Facial Recognition Software Technology Data Protection Council Bill 21-0001

The Baltimore City Council recently passed an ordinance, in a vote of 13-2, barring the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department)...

California, COVID-19 Supplemental Paid Sick Leave, California COVID-19 Supplemental Paid Sick Leave, supplemental paid sick leave ordinances

While the past week brought many changes around California for COVID-19 requirements, both the state statute and several local supplemental paid sick leave ordinances persist.

The ...

California's Bulk Sales law, Bulk Sales Law, when does the Bulk Sales law apply,   Cal. Comm. Code § 6107, Cal. Comm. Code § 6103(c)(1)-(16).

California's Bulk Sales Law dates to 1990 when the legislature adopted a new Division 6 to the Commercial Code.  Cal. Stats. 1990, ch. 1191.  The current law is a farrago of prior law and the then uniform act recommended by the...

INTERNATIONAL LAW NEWS

German flag employee rights to personal data in employer emails GDPR

Employees may have a claim against their employers for access to information about all personal data processed by the employers pursuant to Article 15 (3), Sentence 1, of Regulation (EU) 2016/679 (General Data Protection...

Deutsche Flagge

Am vergangenen Freitag, den 04. Juni 2021, hat die EU-Kommission dem internationalen Datenverkehr ein wichtiges Update verpasst: die neuen EU-Standardvertragsklauseln (Standard Contractual ClausesSCC...

Deutsche Flagge-Taste

Am 9. Juni 2021 hat das Bundeskabinett dem Entwurf zur 3. Verordnung zur Änderung der Kurzarbeitergeldverordnung zugestimmt. Der Staat möchte damit die von der langen Dauer der Pandemie finanziell stark belasteten Unternehmen...

EU Survey Seeks Information on Nanofabrication Industrial Ecosystem

The SUSNANOFAB project, funded by the European Union’s (EU) Horizon 2020 Research and Innovation Program, is conducting a ...