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AB 5 Contractor-Classification Battles Set to Heat Up in 2021

Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about the future of contractor-classification laws paid careful attention to California and AB 5, which went into effect on Jan. 1, 2020, and codified […]
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March 4, 2021 /0 Comments/by

VIDEO: What’s New for Executive Compensation This Proxy Season

With a new election and administration, there also are projected impacts on proxy preparation for 2021 and beyond. McDermott partner Andrew Liazos, member and immediate past chair of the ABA’s National Institute of Executive Compensation, led a discussion together with Sharon S. Briansky, associate general counsel and secretary at Thermo Fisher Scientific along with Bindu […]
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March 3, 2021 /0 Comments/by

Predictions on the Long-Term Outlook for Remote Work

With a second wave of COVID-19 infections forecasted by some experts and many companies actually seeing improvements in productivity as their employees work from home, it’s very possible that the current state of affairs could become a new normal, with companies either continuing remote work indefinitely or at least revisiting their existing policies around occasional […]
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March 2, 2021 /0 Comments/by

Lessons in Crafting Valid Employment Class Settlements

Aspiring employment lawyers ask questions of their mentors. Try this one: Did you ever go to trial on a wage and hour class action? The answers—ranging from “no” to “almost but …” and “rarely” to “once”—reveal an important truth: Employment lawyers handling class actions better know the inner workings of getting class settlements approved. Writing […]
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February 25, 2021 /0 Comments/by

Making Sure It Hurts: 2021 Increased Penalties for ERISA Violations

The Department of Labor (DOL) made inflation adjustments to a wide range of penalties for Employee Retirement Income Security Act (ERISA) violations by employee benefit plans and plan sponsors. The new penalty amounts that apply in 2021 are included herein. Access the article.
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February 24, 2021 /0 Comments/by

Racial Diversity, Gender Equality and Corporate Governance: An Update

Corporate governing boards have a substantial homework assignment given multiple important developments affecting board composition and oversight of workforce culture. These developments encompass new surveys from prominent governance and consulting sources, notable litigation trends and a new state law. Collectively, they represent an accelerated focus by third parties on how directors are selected and employees […]
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February 23, 2021 /0 Comments/by

Senate Rules Could Pose Hurdles for Vaccine Funds

Progressive Democrats in the US Senate are hoping to use a streamlined process that needs just 50 votes to approve a COVID-19 relief package that includes billions in new funding for vaccines and other supplies. But some experts are already casting doubt on that plan. STAT spoke with nine current and former congressional staffers and […]
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February 18, 2021 /0 Comments/by

Transformative Healthcare Collaboration Opportunities Emerge from COVID-19 Pandemic

The seismic, virtually overnight transformation of healthcare delivery as a result of the pandemic has flung open doors to innovation, as a diverse cross-section of digital health and life sciences stakeholders mobilize crisis resources; adjust operations for enhanced screening, sanitization and social distancing measures; harness telehealth capabilities to deliver healthcare remotely; and identify opportunities for […]
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February 17, 2021 /0 Comments/by

Hurry Up and Wait: Department of Labor Delays Implementation of New Worker Classification Regulations

Businesses strive to draw the line correctly on who is an employee versus who is an independent contractor. New regulations issued by the Department of Labor (DOL) in early January promised to help. See, 29 CFR §§795.100. But by late January, those regulations under the Fair Labor Standards Act (FLSA) were frozen. Unlike laws passed […]
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February 16, 2021 /0 Comments/by

Top 10 Issues in Health Law 2021

A new president always brings new policy priorities and objectives, particularly when that president is from a different political party than their predecessor. As we begin 2021, and usher in the Biden era, we should likewise expect a significant shift in the health policy agenda. Writing for the American Health Law Association’s Top 10 Issues […]
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February 12, 2021 /0 Comments/by