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Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Client Alert

NLRB Issues Final Rule on Joint-Employer Status

November 20, 2023On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.Client Alert, Multimedia

WEBINAR SERIES RECAP | Employment & Labor

November 15, 2023BMD Partner and Co-Chair of the Employment & Labor Law Group, Bryan Meek, presented this four-part webinar series on trending topics in employment law.Client Alert

Ohio Legalizes Recreational Marijuana; What’s Next for Ohio Employers?

November 8, 2023Client Alert

The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement

October 23, 2023On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.Client Alert

The U.S. Department of Labor Proposes FLSA Changes to Give Millions of Workers Overtime Pay Protection

September 18, 2023Client Alert, Multimedia

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

May 10, 2023Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).Client Alert

The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

January 10, 2023On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”Multimedia

Employment Law After Hours VIDEO - Top 10 Red Flags When Interviewing

June 24, 2022This week on Employment Law After Hours with our own, Brian Meek, Brian discusses the Top 10 Red Flags When Interviewing, how to spot those red flags, how to respond when hiring candidates, what questions to ask during an interview, and more!Multimedia

Employment Law After Hours Video | How Do You Hire an Employee: A Comprehensive Guide

June 16, 2022Do you know the actual, legal process to #hire an #employee? Hiring employees is one of the most important functions companies and employers engage in for their business to be successful.Multimedia

Employment Law After Hours VIDEO: What Is Employment Law After Hours?

June 3, 2022Recently, Brennan, Manna & Diamond Director of Marketing, Jennifer Shankleton, sat down with BMD Partner Bryan Meek to discuss the creative process and strategy around launching the YouTube video podcast series Employment Law After Hours. ELAH was created during the height of the COVID-19 pandemic to help better inform employees on the most current employment law news in an efficient but also entertaining way. The series has now grown to reach not only Brennan, Manna & Diamond employees, but has now expanded to their individual clients who might be experiencing similar issues. Don’t forget to subscribe to their YouTube Channel!Multimedia

Employment Law After Hours VIDEO - Managing Difficult Employees: Performance Improvement Plans

April 12, 2022Performance Improvement Plans are some of the best ways to improve employee performance when they are not meeting work expectations or violating company policies and employer rules. Yet, many employers utilize performance improvement plans incorrectly. Therefore, in this in-depth episode of Employment Law After Hours, we explore the best practices for performance improvement plans, as well as providing the supervisor/manager conversation demonstrations, and an ultimate demonstration of providing a performance improvement plan to an employee.Multimedia

Employment Law After Hours VIDEO - COVID Religion Exemption Requests

April 7, 2022Showing & Analyzing Employee Vaccine Religious Accommodations What are religions exemptions and accommodations for COVID-19? What is considered a religious exemption? Are religions exemptions different from religious accommodations regarding the COVID-19 vaccine? How can employees request a religious exemption? How can employees request a religious accommodation? Can employers or companies meet with employees requesting a religious accommodation? What occurs in these meetings? What other information do people, employees, and employers need to know about COVID-19 vaccination religious accommodation / exemption requests? These questions are arising more and more because of the recent Supreme Court decisions.Multimedia

Employment Law After Hours VIDEO - Talking Pay with Your Co-Workers: Rules Prohibiting Employees from Comparing Wages and Salary

April 7, 2022Do you have policies or other rules that employees cannot talk about their pay, wages, or other benefits at work? Such policies may be illegal under the National Labor Relations Act, as regulated by the National Labor Relations Board. In this episode, we discuss concerted activity, which is protected for employees under law, and what employers can do legally to encourage a culture where employees are more comfortable discussing their pay with human resources, rather than each other. The NLRB can be very strict when analyzing handbooks and other policies that even implicitly prohibit such employee discussions on pay, wages, and salaries. It is important that you conduct routine handbook audits to ensure that such policies are not violating the law, which could lead to penalties and fines.Multimedia

Employment Law After Hours VIDEO - Working Off the Clock: Laws Requiring Payment for Work Performed After Shift Ends

April 7, 2022Do employees get paid when they work off the clock after the end of their scheduled shift? What if an employee answers emails or text messages after work? Do companies or employers have to pay employees for answering emails or text messages at home? Do employers or companies have to pay for de minimis work time? Do you have to pay exempt (salary) employees for working from home? Do you have to pay non-exempt employees for working from home? Do companies have to pay overtime for working from home? These questions are answered by the federal Fair Labor Standards Act, which requires that non-exempt employees be paid at least minimum wage (and possibly overtime) for all hours worked, regardless of where and when those hours are worked. Always remember to check specific state laws regarding employee payments in your state.Client Alert

No Surprises Act Compliance (Published by NAMAS, 2/25/22)

March 7, 2022The Department of Health and Human Services published three parts to the No Surprises Act towards the end of 2021, which took effect January 1, 2022. The Act is intended to protect consumers from “balance billing,” which occurs when a patient receives a bill with a higher price than they may have anticipated because they did not have knowledge that the provider or facility was out-of-network. The purpose of this article is to note certain requirements that compliance employees will need to be aware of at their facilities, including notice and consent, good faith estimates, and public disclosures.Client Alert

New Vaccine Requirement for Select CMS-Participating Facilities

November 10, 2021On November 4, 2021, the Centers for Medicare and Medicaid (“CMS”) released a new rule requiring certain healthcare facilities to implement policies requiring employees to be vaccinated against COVID-19. It does not matter if a staff member does not perform patient treatment services, they must still be vaccinated if an employee of an applicable facility.Client Alert

The Masks Are Back: New OSHA Regulations for Healthcare Employers

June 11, 2021Employment Law After Hours is back with a News Break Episode. Yesterday, OSHA published new rules for healthcare facilities, including hospitals, home health employers, nursing homes, ambulance companies, and assisted living facilities. These new rules are very cumbersome, requiring mask wearing for all employees, even those that are vaccinated. The only exception is for fully vaccinated employees (2 weeks post final dose) who are in a "well-defined" area where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.Podcast

Employment Law After Hours Podcast: Paying Employees in Cryptocurrency

June 4, 2021As cryptocurrencies such as Dogecoin, Bitcoin, and Ethereum rise in popularity, employers are asking: can it be used as compensation for employees?Client Alert

Employment Law After Hours: CDC SAYS NO MORE MASKS FOR VACCINATED PEOPLE: What does this mean for employers and employees?

May 17, 2021This morning, ELAH published an emergency episode discussing the questions employers sent us since the CDC’s release of its revised mask guidance late last week. This episode explores questions such as whether an employer can allow vaccinated people to go without masks, while requiring unvaccinated people to wear a mask, whether employers can inspect an employee’s vaccine card, and it discusses the risks of liability an employer faces based on the decisions and policies it makes following the release of this CDC guidance, along with many other questions.Client Alert

America’s New COVID-19 Relief Package — Unpacked

March 23, 2021On March 11, 2021, President Biden signed the highly anticipated American Rescue Plan Act (the “Act”) into law, a $1.9 trillion COVID-19 relief bill aimed at addressing and resolving many of the lingering questions and concerns following the expiration of the Families First Coronavirus Response Act (“FFCRA”) on December 31, 2020.Client Alert

The Future of the Families First Coronavirus Response Act

February 3, 2021Over the last year we all have had to adjust to the new normal ushered in by the coronavirus pandemic. Schools and daycares closed, businesses transitioned from in-office work to work from home, bars and restaurants have closed their doors...all to slow the spread and try to prevent this pandemic from spiraling out of control. The start of the pandemic was utter pandemonium. Working parents trying to balance both caring for their now at-home children and their livelihood. Businesses trying to decide how to implement leave policies with limited information. Employees determining if they could financially afford to take time off. We were all flying by the seat of our pants trying to adjust to our new normal.Blog Post

COVID-19 Legal Issues Update and Ask Us Anything Webinar Recording

January 5, 2021Join Brennan Manna Diamond Employment & Labor law Member Jeffrey Miller and Healthcare & Employment law Partner Bryan Meek on December 10 ET for 'COVID-19 Legal Issues Update and Ask Us Anything' webinar.Client Alert

Changes to FFCRA Paid Leave: Congress’ Revisions to Employment COVID-19 Leave Benefits Signals the Light is at the End of the Tunnel

December 28, 2020Late in the evening on December 27th, President Trump signed into law the government’s $900 billion COVID-19 relief package (the “Stimulus Bill”). Among other economic stimulus benefits, the Stimulus Bill contains the $600 stimulus checks that will be issued to eligible individuals as well as, relevantly, changes to the Families First Coronavirus Response Act (“FFCRA”). The FFCRA was implemented in April 2020 and provided benefits to individuals who missed work as a result of an actual or suspected COVID-19 illness or to care for a child when their school or childcare service was closed because of COVID-19. Importantly, the Stimulus Bill extends eligibility for employer payroll tax refunds for leave payments made to employees on or before March 31, 2021 under the FFCRA, signaling to the American people that Congress believes many of the employed public will be vaccinated by this time, the light at the end of the tunnel. However, the Stimulus Bill does contain a caveat that employers are no longer required to provide FFCRA leave benefits after December 31, 2020, but if they do, they will receive the payroll tax credits, up to the maximums provided in the FFCRA, for payments made prior to April 1, 2021. Below we provide a list of questions and answers we received to date following the passage of the Stimulus Bill. We expect the U.S. Department of Labor (“DOL”) to issue additional questions and answers as the Stimulus Bill is implemented, and we will update this Client Alert as these are received.Blog Post

Brennan, Manna & Diamond Law Firm Promotes Four Attorneys in Akron and Jacksonville Offices

December 2, 2020Brennan Manna Diamond (BMD), a business law firm with eight offices in Ohio, Florida and Arizona, has announced that Adrian Ribovich and Duriya (DD) Dhinojwala have been promoted from partner to Member. Darren Jones and Bryan Meek have also been promoted from associate attorney to Partner.Client Alert

Revised Department of Labor FFCRA Guidance, Effective September 16, 2020

September 14, 2020In response to attacks on the legality of the Department of Labor’s (“DOL”) Final Rule regarding the Families First Coronavirus Act (“FFCRA” or the “Act”), which took effect in April 2020, the Department of Labor issued new guidance on Friday, September 11th to formally address ongoing questions and concerns related to the COVID-19 legislation.Client Alert

With Summer Vacation on the Way, Are Employees Still Entitled to Childcare Leave under EFMLEA?

May 13, 2020Distance learning/homeschooling is finally starting to wrap-up for millions of students across America, a perhaps welcomed end for many, and summer vacation will soon begin. As summer vacation begins, your employees may have questions as to whether they qualify for child care leave under the expanded FMLA (“EFMLEA”), which many employees used over the last few months to receive partial compensation while they were away from work to care for their children. Now, employers with fewer than 500 employees must take note of additional guidance recently published concerning qualification for childcare leave.Client Alert

Department of Labor Adds Q&A to FFCRA Guidance: Provider & Emergency Responder Leave Exceptions

March 30, 2020Employer Alert: Excluding healthcare providers and emergency responders from the mandatory paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”), Emergency Family and Medical Leave Expansion Act (“EFMLEA”), and the Emergency Paid Sick Leave Act (“EPSLA”)