Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Families First Coronavirus Act (“FFCRA”) Under Attack

Client Alert
August 10, 2020

In response to the COVID-19 global pandemic, the Families First Coronavirus Act (“FFCRA” or “the Act”) went into effect on April 1, 2020 followed closely behind by the Department of Labor’s (“DOL”) Final Rule on the Act which, collectively, describe the obligations of employers as well as the rights of employees under the FFCRA’s paid sick time and expanded family medical leave provisions.

In response to a legal challenge to the FFCRA by the State of New York, on August 3, 2020, a judge out of the Southern District of New York (“SDNY”) issued a decision vacating certain provisions of the DOL’s regulations. The SDNY Court found the following:

  • The FFCRA’s definition of “health care provider” is “overly broad” as it encompasses employees “whose [workplace] role bears no nexus whatsoever to the provision of healthcare services;”
  • An employer’s ability to provide an employee work to complete may no longer be considered relevant in assessing eligibility for FFCRA leave;
  • Under certain circumstances, an employee may take intermittent FFCRA leave without first obtaining employer approval;
  • The FFCRA’s notice requirement — obligating an employee to submit notice of intent to take leave prior to actually taking it — is not practicable and therefore, in some instances, may be waived, allowing employees to submit notice after their leave begins.

While attacks on the legality of the FFCRA have been levied since its passage by Congress, this is the first official decision handed down by the judiciary. With that said, the SDNY decision is limited in scope as it applies only to that jurisdiction — leaving open the issue of how other courts, as well as the Department of Labor, will respond to the FFCRA challenges.

As questions, concerns and legal guidance continue to evolve with the changing times, it is essential for employers to stay informed. If you need assistance with any issues arising from the COVID-19 pandemic, please contract Jeffrey C. Miller (216.658.2323 | jcmiller@bmdllc.com) or Bryan Meek (330.253.5586 | bmeek@bmdllc.com), or any member of the Labor and Employment Team of Brennan, Manna & Diamond LLC.

FFCRAFFCRA Amnestythe ActFamilies First Coronavirus ActU.S. Department of LaborDOLemployersemployeescoronavirusCOVID-19emergency paid sick leavePaid Leavefamily medical leave
Client Alert

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

February 10, 2026The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.Client Alert

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

February 9, 2026Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.
Older posts
Newer posts