Entries by McDermott, Will and Emery, LLP

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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Department of Labor Exemption Impacts Investment Advice Fiduciaries

The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision of investment advice. PTE 2020-02, Improving Investment Advice for Workers & Retirees (the Exemption), became effective on February 16, 2021. On April […]
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Labor and Employment Policy to Watch in 2021’s Second Half

As US Congressional Democrats continue their advocacy for a pro-worker agenda, multiple bills and rules could bring about sweeping changes to the civil rights and labor protections for millions of workers. These include: The Equality Act The Protecting Older Workers Against Discrimination Act The Pregnant Workers Fairness Act The Protecting the Right to Organize Act […]
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New York State Department of Labor Publishes Standard for Prevention of Airborne Infectious Diseases

On July 6, 2021, the New York State Department of Labor (NYSDOL) published its Airborne Infectious Disease Exposure Prevention Standard (Standard), as required under the New York Health and Essential Rights (HERO) Act. Under the Standard, employers with worksites located in New York are required to either adopt the NYSDOL’s model exposure prevention plan or […]
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Drug Prices Are Prime Target in Biden’s Competition Order

President Biden’s July 9, 2021, Executive Order—which seeks to increase competition throughout the American economy—takes aim at prescription drug prices. In this article, McDermott partner Emily Jane Cook says Biden’s focus on drug prices is unsurprising given the “significant public interest and frustration” with drug costs. Access the article.
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Global Mobility: Trends Worldwide

The COVID-19 pandemic has dramatically changed how governments confront issues as varied as global taxation, emigration and real estate. In this article, McDermott partner Nicholas Holland contributes his insight into these trends (and others) that are sweeping across Hong Kong, the United States, the United Kingdom and the Cayman Islands. Access the article.
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How to Handle an Influx of HR Accommodation Requests

As employees begin to return to their offices, human resource teams are being inundated with accommodation requests. The reasons behind these requests include: Concerns about COVID-19 exposure; Convenience of working from home; Lack of child care options and costs of care; and Weariness of daily commute. McDermott’s Laurie Baddon says employers should share their policies […]
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COVID-19 Vaccine Q&A

Can employers mandate some employees get the vaccine and not others? Is there an obligation to consider requiring a COVID-19 test before coming back to work? What are the potential workers’ compensation claims relating to possible adverse reactions to a vaccine? Should employers mandate vaccinations? In this article, McDermott partners Carole Spink, Joseph Mulherin, Kathleen […]
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Q&A: What Will the Future World of Work Look Like?

As governments around the world move to end lockdown restrictions, employers are examining how—and if—to bring their employees back to work. In this video, McDermott partner Carole A. Spink provides insight into the challenges facing both employers and employees. “The issue here in the US is a pragmatic one,” Spink notes. “How do you do […]
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Ruling Gives Ammunition in Fights Over Health Insurer Clawbacks

A recent ruling from a New Jersey federal district court gives ammunition to providers fighting to stop insurers from engaging in cross-plan offsetting, a common billing practice where health insurers attempt to claw back overpaid claim money from one patient by withholding payment from another patient in a different health plan. The ruling—which found that […]
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