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  • Article

    Illinois Governor Issues Executive Order Ending Non-Unionized State Workers’ "Fair Share" Fees

    On Feb. 9, newly elected Illinois Governor Bruce Rauner issued an executive order ending a requirement that non-unionized state workers pay "fair share" union dues.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    New Jersey Codifies ABC Test For Independent Contractor Classification

    New Jersey has codified the ABC test for worker classification, joining California and other states in adopting stricter standards that presume workers are employees unless specific criteria are met.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    NLRB General Counsel Requires Mandatory Language in Settlement Agreements

    Apparently continuing the National Labor Relations Board’s (NLRB) recent aggressive pro-union agenda, the NLRB’s General Counsel has directed Regional Directors to include in every document settling an NLRB proceeding mandatory language where the employer in effect agrees in advance that if it is even accused of violating the agreement, all of the prior charges against it have merit.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    NLRB Memo Provides Further Guidance On Employee Use of Social Media

    The National Labor Relations Board (NLRB) has continued to invalidate employer social networking policies for interfering with protected activity by employees.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    OMB Immediately Stays Revised EEO-1 Form, Including Pay Data Collection

    In a move that affects every U.S. business with 100 or more employees, the federal OMB has leveraged the PRA to direct the EEOC to immediately stay the effectiveness of the EEO-1 form issued Sept. 29, 2016...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Seventh Circuit To Decide Retroactive Application Of BIPA Liability-Limiting Amendment

    The state of Illinois enacted an amendment to its Biometric Information Privacy Act (BIPA) in 2024 that limited liability for companies.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Sexual Orientation: DOJ And EEOC Take Opposite Positions In Amicus Briefs Filed In Same Case

    Since 2013, the EEOC has consistently taken the position that Title VII prohibits sexual orientation discrimination.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: 12 States Prohibit Captive Audience Meetings

    In this series, we will explore some of the ways states vary from one another in their employment laws.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: 7 States Have Heat Illness Prevention Requirements

    While federal OSHA lacks specific heat illness prevention requirements, several states are implementing comprehensive workplace heat safety laws. California, Maryland, Oregon, Colorado, Minnesota, Nevada, and Washington have established regulations requiring employers to provide water, shade, rest breaks, and heat illness prevention plans when temperatures reach certain thresholds, with more states expected to follow suit.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Will A Starbucks Strike Affect Your Cup Of Coffee (Or Latte) This Holiday Season?

    Starbucks Workers United (SWU) — the union representing many baristas nationwide since the chain has faced one of the biggest organizing drives in recent memory — announced it is planning a large-scale strike just in time for the holidays.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    EPA Seeks to Delay Final Boiler, Ozone Rules

    A federal appeals court has yet to indicate whether it will grant a petition from the U.S. Environmental Protection Agency (EPA) for deadline extensions for issuing final rules regarding the achievable control technology (MACT) standard for commercial boilers and incinerators, as well as the new national ambient air quality standards (NAAQS) for ozone.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    IDEM Releases Critical Guidance For Indiana Remediation Projects

    People performing remediation projects in Indiana must be intimately familiar with recent guidance released by the Indiana Department of Environmental Management (IDEM) that describes how IDEM intends to comply with new state legislation governing investigation and cleanup projects in Indiana.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    IDEM Releases Draft Remediation Closure Guide – Comments Due June 20, 2011

    On May 6, 2011, the Indiana Department of Environmental Management (IDEM) released its much-anticipated draft Remediation Closure Guide (RCG).
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    "Innocent" Purchasers Beware: U.S. EPA Withdraws New Environmental Site Assessment Standard

    As discussed in our Aug. 15, 2013 Alert, U.S. EPA promulgated a direct final rule with a new standard of "All Appropriate Inquiry" (AAI) for would-be "innocent" or "bona fide" prospective purchasers and tenants published that same date, in which EPA proposed to allow the use of either the current 2005 ASTM standard for "Phase I" Environmental Site Assessments or the new ASTM standard E1527-13 to satisfy AAI.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    New ASTM Phase 1 Environmental Site Assessment Standards Endorsed By EPA As Constituting "All Appropriate Inquiries" Under CERCLA

    On Aug. 15, U.S. Environmental Protection Agency (EPA) issued notice in the Federal Register that it intends to endorse the updated "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," issued by ASTM International, through a Final Rule amending 40 C.F.R. Part 312.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    FDA Amends And Extends Regulations On Medical Device Registration And Listing

    The FDA recently issued a final rule amending several portions of its regulations governing the requirements for medical device companies to register with FDA and provide a list of their products. The amended regulations take effect October 1, 2012.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    FDA Finalizes Guidance On Food Records In Light Of Food Safety Modernization Act

    The FDA recently released two guidance documents on the new and stricter record-keeping requirements imposed by the Food Safety Modernization Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    FDA Issues Draft Guidance On Decisions For IDE Clinical Investigations

    The FDA recently issued a draft guidance titled "FDA Decisions for Investigational Device Exemption Clinical Investigations."
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Preparing For The Pharma Fraud Enforcement Surge

    With Department of Justice False Claims Act settlements reaching a record $6.8 billion in fiscal year 2025, pharmaceutical companies face unprecedented scrutiny over prescription drug claims and compliance programs. Barnes & Thornburg partners analyze the enforcement landscape and outline strategies for mitigating government investigation risks in an era where proactive compliance has become essential to organizational survival.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Self-Audits Now Required To Avoid Medicare Billing Errors Being Punished As False Claims

    The Centers for Medicare and Medicaid (CMS) have published a proposed rule to implement a provision in the Patient Protection and Affordable Care Act (PPACA) that requires providers and suppliers receiving funds under the Medicare program to report and return most overpayments 60 days after the date on which the overpayment was identified.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP

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