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  • Article

    OSHA Clarifies When Post-Accident Drug And Alcohol Testing Is Permitted

    In an October 11, 2018 memorandum to Regional Administrators, OSHA clarified that 29 C.F.R. § 1904.35(b)(1)(iv), which prohibits employers from retaliating against employees for reporting work-related injuries or illnesses, does not prohibit post-incident drug testing.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    SECURE Act – House Overwhelmingly Passes Retirement Reform Bill

    The House of Representatives recently passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act by a vote of 417-3
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Staffing Agency Not Liable For Conduct Beyond Its Control

    In a welcome piece of good news for staffing agencies, a California appellate court has reaffirmed the rule that a staffing agency cannot be held liable for alleged ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The NLRB Continues To Focus On Employee Handbooks

    For more than a decade, the National Labor Relations Board (NLRB) has, with increasing frequency, found that employee handbooks infringe upon employees' Section 7 rights.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The U.S. Department Of Labor's New Overtime Regulations Have Arrived

    The Department of Labor published the final rule updating the regulations governing whether executive, administrative, and professional employees (white collar workers) are entitled to minimum wage and overtime under the FLSA.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    U.S. Department Of Labor Proposed Expanding Overtime Eligibility To Over 1 Million Workers

    he U.S. Department of Labor (DOL) proposed updates and revisions to the regulations issued under the Fair Labor Standards Act (FLSA) on Thursday that would expand overtime eligibility
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    What You Need To Know About New Jersey's Auto-IRA Program

    New Jersey passed the New Jersey Secure Choice Savings Program Act (the "Act") on March 28, 2019, creating the Secure Choice Savings Program (the "Program").
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Landmark Solar Energy Procurement Agreement Approved By Atlanta City Council

    Building on his successful work to establish a previously non-existent market in Georgia for direct sale of electricity from onsite solar systems owned by solar companies, Steve O'Day has represented SGR client ...
    United StatesEnergy and Natural Resources
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    EPA Defends Standards For Air Toxics From Solid Waste Incinerators

    The EPA is currently defending its process for establishing standards for emissions of hazardous air pollutants from solid waste incinerators before the D.C. Court of Appeals.
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Circuits Are Split On When A CERCLA Section 113 Contribution Claim Can Be Pursued

    The 9th Circuit Court of Appeals recently reinforced a Circuit split on what kind of settlement agreement allows a claimant to pursue a contribution claim against other PRPs ...
    United StatesEnvironment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Anticipated 2704 Valuation Discount Regulations

    In 1990 Chapter 14 (Special Valuation Rules) was added to the Internal Revenue Code to prevent the manipulation of the transfer tax value of a proprietary interest in certain entities in the context of transfers between related parties.
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Rock ‘N' Roll & Estate Taxes

    Having grown up listening to and memorizing every Beatles song, I was deeply saddened by the death of George Harrison.
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Overturning Of DOMA Has Broad Tax Implications

    In a 5-4 decision issued this past Wednesday, the U.S. Supreme Court ruled that the Defense of Marriage Act (DOMA) is unconstitutional, paving the way for the federal recognition of same-sex marriages.
    United StatesFamily and Matrimonial
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    HHS Issues Last-Minute Notice Applying Today's June 3 Deadline To Providers Who Have Not Yet Received Second Payments From Provider Relief Fund

    Beginning on April 10, the U.S. Department of Health and Human Services (HHS) sent out General Distribution payments to Medicare participating providers. Other providers anticipate...
    United StatesFinance and Banking
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    July 2020 Update On The Paycheck Protection Program Under The CARES Act

    Paycheck Protection Program Flexibility Act of 2020, Public Law No: 116-142 (Flexibility Act) was passed, amending portion of P3 to make it more flexible for borrowers, including...
    United StatesFinance and Banking
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Main Street Lending Program Update 07/06/20: Boston Fed Announces Main Street Lending Program Is Fully Operational, Open For Purchases Of 95% Participations In Main Street Program Loans

    The Federal Reserve Bank of Boston on Monday, announced on July 6, 2020 that the Main Street Lending Program (MSLP) is now fully operational and ready...
    United StatesFinance and Banking
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    HHS Proposes Significant Changes To HIPAA Privacy Rule

    Clarifying the form and format required for responding to individuals' requests for their PHI.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    HHS Proposes To Revise ACA Section 1557 Rule: Impacts Transgender Benefits And Group Health Plan Notices

    On May 24, the U.S. Department of Health and Human Services (HHS) issued a proposed rule to revise regulations implementing and enforcing Section 1557 of the Affordable Care Act (ACA).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Adjusting Patent Term Adjustment: Fed. Cir. Makes Additional PTA Possible.

    On January 23, 2019, the Court of Appeals for the Federal Circuit significantly altered the rules concerning the possible amount of Patent Term Adjustment (PTA) ...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Adjusting Patent Term Adjustment (PTA). Fed. Cir. Makes Additional PTA Possible.

    On January 23, 2019, the Court of Appeals for the Federal Circuit significantly altered the rules concerning the possible amount of PTA available to patentees.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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