Texas Leading in Opposition

Although no fewer than 24 states have already committed to challenging the private employer vaccine mandate promised by President Biden, Texas is inarguably out front in the effort. As OSHA was busy this week drafting the vaccine mandate ETS (above story), Texas Governor Greg Abbott was issuing an executive order cracking down on COVID-19 vaccine…

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2nd Circuit Upholds SALT Cap

The Manhattan-based U.S. Circuit Court of Appeals for the 2nd District, by a unanimous 3-0 decision, has upheld the $10,000 cap on state and local tax (SALT) deductions as part of the Tax Cuts & Jobs Act (TCJA) signed by President Trump back in 2017. In addition to cutting taxes for corporate America as well…

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Biz Interruption Goes to Trial

Although it clearly remains to be seen how the final verdict will play out, a federal judge in Missouri has allowed a COVID-19 business interruption lawsuit to proceed to trial. Judge Stephen Bough of the US District Court for Western Missouri continues to swim upstream on the issue of COVID-19 business interruption claims as most…

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In The Crosshairs!

With the National Labor Relations Board (NLRB) officially rescinding the joint employer standard developed during the Trump administration – a new standard becomes effective next Tuesday, September 28, 2021 – one would think the issue was off the radar. That is not the case however, as the Service Employees International Union (SEIU) filed suit in…

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EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

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SBA Closes RRF

Rife with problems from the get-go, the Restaurant Revitalization Fund (RRF) was closed to new applications yesterday by the US Small Business Administration (SBA), but the application portal will remain open for another two weeks to allow applicants to check their status. With its creation as an integral part of the American Rescue Plan –…

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Court Tosses Eviction Moratorium

A Washington DC-based federal judge has thrown out the eviction moratorium prompted by the coronavirus pandemic and imposed by the Centers for Disease Control (CDC) last year. The federal moratorium on residential evictions has been extended three times since it was first implemented under President Trump last September, was most recently extended by President Biden…

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Court Rejects Joint-Employer Delay

The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…

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Court Validates Salary History Consideration

According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a…

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“Hero Pay” Lawsuit Dismissed

As the idea of “Hero Pay”, an hourly premium paid to front-line grocery and retail workers during the existence of a public emergency, gains traction around the country (hazard pay ordinances are in effect in Berkeley, Long Beach, Los Angeles, Oakland, San Francisco and a host of other California cities as well as in Seattle),…

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