Entries by McDermott, Will and Emery, LLP

Judge Kills the Last Trump H-1B Visa Rule Left Standing

International students will have an easier time obtaining H-1B status after a federal judge ended a Trump administration regulation that made the process more difficult. According to this Forbes article, Trump administration officials increased H-1B denial rates via memos and policies that were later ruled unlawful. McDermott partner Paul Hughes—who represented plaintiffs in an complaint […]
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October 8, 2021 /0 Comments/by

Business Groups Want to Have a Say in Biden’s Vaccine Requirement

While many of the United States’ largest corporations don’t oppose the Biden administration’s vaccine requirements for many employers, those companies say many of their questions about the administration’s rule have gone unanswered. The new rule requires employers with more than 100 employers to mandate COVID-19 vaccinations or require weekly testing of employees. In an article […]
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October 1, 2021 /0 Comments/by

Current Trends in DOL and IRS Investigations

What can employee stock ownership plan (ESOP) managers due to prepare an effective record in advance of a potential US Department of Labor or Internal Revenue Service investigation? McDermott partner Allison Wilkerson presented on this topic during The ESOP Association‘s TEA National 2021 Conference. Access the slides.
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September 23, 2021 /0 Comments/by

CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal

The Centers for Medicare & Medicaid Services recently published its annual proposed changes to the Medicare Physician Fee Schedule, which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site restrictions, and limitations on audio-only […]
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September 15, 2021 /0 Comments/by

Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings. In addition, the Order mandates COVID-19 vaccination for certain professionals in […]
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September 2, 2021 /0 Comments/by

Pfizer’s Full Approval Triggers New Vaccine Mandates

The full US Food and Drug Administration (FDA) approval of the Pfizer-BioNTech COVID-19 vaccine has led to vaccine mandates by both governments and businesses. More companies will implement their own vaccine requirements in light of the FDA approval, according to McDermott partner Michelle Strowhiro in this The Hill article. “What employers are trying to balance […]
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August 26, 2021 /0 Comments/by

How Purchasers, Debtors Can Navigate CBAs in Bankruptcy

With the upward trend in commercial bankruptcy filings likely to continue, what happens to collective bargaining agreements in bankruptcy? In this Law360 article, McDermott’s Stephania C. Sanon outlines the options that debtor employers have during this challenging legal process. Access the article.
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August 19, 2021 /0 Comments/by

IRS Issues Guidance on Fertility Treatment Deductibility for Same-Sex Couples

On April 9, 2021, the Internal Revenue Service (IRS) released PLR 202114001 (PLR), which provides guidance on the deductibility of medical costs under Section 213 of the Internal Revenue Code relating to fertility expenses for same-sex couples. The PLR disallows most of the costs incurred by a same-sex couple wishing to have a child. However, […]
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August 12, 2021 /0 Comments/by

What if a Job Applicant Discloses a Disability?

What should employers do if a job applicant voluntarily discloses a disability during an interview? In most cases, employers cannot ask disability-related questions until after an applicant receives a conditional job offer, according to McDermott’s Laurie A. Baddon in this Society for Human Resource Management article. Once the employer makes a conditional offer, the employer […]
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August 5, 2021 /0 Comments/by

COVID-19 Laws and Regulations: A Midyear Update

As employers navigate evolving COVID-19 state and federal rules, workplaces will have to stay vigilant about changes throughout the second half of 2021. These include changes to mask mandates, the Occupational Safety and Health Administration’s Emergency Temporary Standard and the New York Health and Essential Rights (HERO) Act. Recent US Equal Employment Opportunity Commission guidance, […]
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July 22, 2021 /0 Comments/by