Insight
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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

Insight
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June 1, 2021

Massachusetts Enacts Legislation Providing COVID-19 Emergency Paid Sick Leave to All Employees

A new Massachusetts law provides every full-time employee up to 40 hours of job-protected, emergency paid sick leave for certain COVID-19 reasons, including to obtain or recover from the COVID-19 vaccination.

ASAP
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June 1, 2021

Biden Nominates SEIU Attorney to National Labor Relations Board

On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board.

ASAP
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June 1, 2021

Georgia Prohibits State-Implemented COVID-19 Vaccine Passport Programs and Restricts Disclosure of Individuals’ Vaccination Status

Governor Kemp has signed an Executive Order prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program or otherwise requiring an individual to provide proof of COVID-19 vaccination.

Insight
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June 1, 2021

Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19.

Insight
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May 31, 2021

Aggressive vs. Bad Faith Bargaining: Where is the Line?

The NLRB, by a vote of 2-1, recently reversed an administrative law judge in finding that a hospital did not violate the National Labor Relations Act by failing and refusing to bargain in good faith with the union.

ASAP
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May 27, 2021

New Jersey Eases COVID-19 Workplace Restrictions Through Two Executive Orders

On May 24 and 25, 2021, New Jersey Governor Philip D. Murphy signed Executive Order (EO) 242 and EO 243, respectively, easing COVID-19-related workplace restrictions.

ASAP
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May 27, 2021

Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

In a matter of first impression, the Fourth Circuit recently held that appellate waivers in arbitration agreements are enforceable as long as the agreement allows an initial review by the district court.

ASAP
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May 26, 2021

The Nevada Minimum Wage Will Be On The Ballot In 2022

During the last legislative session, the Nevada Legislature made several efforts to increase the state minimum wage. One such effort was Assembly Joint Resolution No. 10 of the 80th Legislative Session (AJR 10).

Insight
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May 26, 2021

IRS Issues Guidance on the American Rescue Plan Act COBRA Subsidy

On May 18, 2021, the U.S. Internal Revenue Service released guidance—Notice 2021-31—for employers, plan administrators, and insurers concerning the ARPA COBRA subsidy.

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