ArticleAssociation Health Plan Rules Struck DownOn March 28, 2019, a federal district court struck down core provisions of the Department of Labor (DOL)'s association health plan (AHP) rules in a lawsuit filed by 11 statesUnited StatesEmployment and HRSmith Gambrell & Russell
ArticleDepartment Of Labor Issues Guidance On Overtime Payments Under The Fair Labor Standards ActOn March 26, 2020, the U.S. Department of Labor issued three opinion letters clarifying the December 2019 Final Rule on the Regular Rate under the Fair Labor Standards Act. The Final Rule requires employers to pay...United StatesEmployment and HRSmith Gambrell & Russell
ArticleIRS Extends Form 1095-C Distribution Deadline Once AgainKeeping with its annual tradition, the Internal Revenue Service (IRS) has once again extended the deadline for employers to provide their 2019 Forms 1095-C to employees from January 31, 2020 to...United StatesEmployment and HRSmith Gambrell & Russell
ArticleIRS Lifts Moratorium On Lump-Sum Windows For Participants In Pay StatusIn 2013 and 2014, several high-profile pension plans offered participants who were currently receiving benefits the opportunity to cash out ...United StatesEmployment and HRSmith Gambrell & Russell
ArticleNLRB Prohibits Employers' Use Of Captive Audience Meetings In The Fight Against UnionizationOn Wednesday, November 13, 2024, the National Labor Relations Board ("NLRB") issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer's position...United StatesEmployment and HRSmith Gambrell & Russell
ArticleTwo New Laws Expand California's Non-Compete Prohibition And Require Employers To Provide Notice To Current And Former EmployeesCalifornia State Senate Bill 699 ("SB 699") and California State Assembly Bill 1076 ("AB 1076") enhance California's well-known prohibition against non-compete agreements or restrictive covenants.United StatesEmployment and HRSmith Gambrell & Russell
ArticleFederal District Court Issues Ruling With Potential Significant Implications For Linear And Infrastructure ProjectsOn April 15, 2020, a judge with the U.S. District Court for the District of Montana issued a decision in Northern Plains Resource Council v. U.S. Army Corps of Engineers...United StatesEnergy and Natural ResourcesSmith Gambrell & Russell
ArticleSGR Client Cherry Street Energy Partners With Terrapin BreweryThrough its partnership with SGR client Cherry Street Energy, Terrapin Brewery became Georgia's first brewery to purchase renewable energy generated on-site. United StatesEnergy and Natural ResourcesSmith Gambrell & Russell
ArticleCoal Ash Permit Rule To Target "High Hazard" SitesThe EPA has proposed a rule that would require only "high hazard" coal ash disposal sites to seek permits immediately under its Resource Conservation and Recovery Act United StatesEnvironmentSmith Gambrell & Russell
ArticleEPA Announces Six National Compliance Initiatives For 2020-2023In June 2019, the U.S. EPA's Office of Enforcement & Compliance Assurance announced that it has selected six National Compliance InitiativesUnited StatesEnvironmentSmith Gambrell & Russell
ArticleEPA Citation To Chemours Shows Enforcement Push Under TSCALast month, EPA issued notices of violation (NOVs) to Chemours, which manufactures per- and polyfluoroalkyl substances (PFAS), among other chemicals, for alleged violations of the Toxic Substances Control Act.United StatesEnvironmentSmith Gambrell & Russell
ArticleThe Application And Guidance For Paycheck Protection Loans And Grants Is AvailableTo follow up on our prior message to you yesterday, this is to inform you that the U.S. Treasury Department has now issued the application form and guidance for...United StatesFinance and BankingSmith Gambrell & Russell
ArticleCOVID-19 Testing Mandate Passed By The House, Now Moves To The Senate With Trump's SupportEarly on Saturday morning (March 14, 2020), the House of Representatives passed a coronavirus relief bill, H.R. 6201, which includes...United StatesFood, Drugs, Healthcare, Life SciencesSmith Gambrell & Russell
ArticleICE Extends WFH Remote Form I-9 Verification To December 31, 2020U.S. Immigration and Customs Enforcement recently announced that it is extending the remote I-9 verification for employers and workspaces operating remotely through December 31, 2020.United StatesImmigrationSmith Gambrell & Russell
ArticleTrademark Owners, Watch Out! USPTO Getting Strict On SpecimensIn order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce...United StatesIntellectual PropertySmith Gambrell & Russell
ArticlePublic Policy And Enforcing Contracts In GeorgiaSeveral Georgians borrowed modest sums and secured those loans using the proceeds they might recover on personal injury claims.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe End (Almost) Of "Physical Precedent" In GeorgiaOne of the unique aspects of decisions of the Georgia Court of Appeals has been the concept of "physical precedent." With rare exceptions, the Georgia Court of Appeals relies on three-judge panels to decide cases.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleFTC Imposes Record COPPA FineContinuing its aggressive approach to the enforcement of privacy law violations, the FTC last week imposed on Musical.ly, Inc., the operator of the popular TikTok app ...United StatesPrivacySmith Gambrell & Russell
ArticleIRS Clarifies Impact Of Postponed Tax Deadline On Retirement Plans, IRAs And HSAsLast week, following President Trump's March 13, 2020 declaration of a national emergency in response to the COVID-19 pandemic, the Internal Revenue Service (IRS) postponed the April 15, 2020...United StatesTaxSmith Gambrell & Russell
ArticleTreasury Department Issues Guidance On Payroll Tax DeferralOn August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.United StatesTaxSmith Gambrell & Russell