New Executive Directives by President Biden Strengthen Existing Buy American Act
On January 25, 2021, President Biden signed an executive order titled, Ensuring the Future is Made in All of America by All of America’s Workers. This executive order is designed to discourage federal agencies from obtaining waivers to existing Buy American Act (“BAA”)1 requirements and to encourage federal procurement of goods fabricated with American labor.
OSHA Issues a Draft of the COVID-19 Emergency Temporary Standard
On April 26, 2021, the Occupational Safety and Health Administration (OSHA) officially sent to the White House a long awaited draft of their COVID-19 Emergency Temporary Standard (“ETS”). Once issued, OSHA’s ETS will be the most concrete guidance regarding COVID-19 received from OSHA to date. It will also provide OSHA the ability to issue citations to employers who fail to comply with the ETS’s requirements.
Cybersecurity: Department of Labor Guidance for Retirement Plan Sponsors
As sponsors of 401(k) and other retirement plans, employers typically rely on plan service providers (i.e. recordkeepers, trustees, etc.) to maintain plan accounts, keep participant accounts secure and participant data confidential. As fiduciaries, employers must act with the care and diligence under the circumstances as would a “prudent” person.
Kentucky Legislature Enacts Covid-19 Liability Protection for Businesses
As the country slowly recovers from the economic devastation caused by the COVID-19 pandemic, Kentucky’s lawmakers have stepped in to provide protections to the businesses and workers that will help get the Commonwealth back on its feet. On the last day of the most recent legislative session, Senate Bill 5 became law when the Governor declined to sign or veto it. This legislation, similar to laws in 30 other states, offers immunity from COVID-19-related negligence actions to business owners and essential service providers working to prevent the spread of the virus.
New Markets Tax Credits - How to Go About Getting Your Project "Shovel Ready”
What do New Markets Tax Credits (“NMTC”) mean to a qualifying project? Attorneys Jim Seiffert and Jack Seiffert take a look in this client alert.
Refreshing Relief or Return of the Robocalls?
In a long-awaited decision, the United State Supreme Court issued a ruling in Facebook, Inc. v. Duguid, No. 19-511, on April 1, 2021, concluding that, to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”), a device must have the capacity to use a random or sequential number generator to store or to produce phone numbers.
Will the Federal $15 Minimum Wage Become Reality? Part II
On February 15, 2021, Stites & Harbison, PLLC issued a client alert regarding the status of the proposed $15 minimum wage increase to be included in the “American Rescue Plan” for COVID-19 relief, and discussed the role the parliamentarian would likely play. Thursday evening, February 25, 2021, the Senate parliamentarian ruled that the proposal was not appropriate for inclusion in the relief package using the budgetary reconciliation process.
Can You Spare an Extra $7.75? Will the Federal $15 Minimum Wage Become a Reality?
I have more than one client who contacts me once every couple of weeks to ask, “where are we with the proposed federal $15 minimum wage?” And I think I can safely say that while in 2019, a majority of Americans surveyed were supportive of such an increase to the current $7.25 an hour, the political logistics of achieving this feat continue to be a challenge. Typically, the only thing I can tell clients is that there is a lot of discussion, but as of today it hasn’t yet happened, and it may not happen, but if it does you will be the first you know.