Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Unemployment Requests From Former Employees

Have you received a Request for Information or Unemployment Award Decision from the a state unemployment agency for an employee who left your employ weeks or months ago? With the dramatic rise of unemployment filings as a result of the COVID-19 pandemic, many employers are receiving unemployment decisions or requests for employment information for former employees who have not been employed by them for a great period of time. 

Under most state unemployment laws, employers can be liable for a former employee’s unemployment benefits up to a year from departure of employment. The standard principles governing an employer’s liability for unemployment benefits continue to control these former employee situations. Meaning, if the employer terminated the employee without just cause or previously laid the employee off in the last year, the employer will likely be liable for the former employee’s unemployment benefits up to a year after departure, even if the employee started new employment immediately after departure.

On the other hand, if for example your former employee resigned or quit employment to take a position with a new employer or to move away, the employer will likely be able to avoid unemployment liability by responding to the information request and providing that the employee resigned or quit on their own accord. The same conclusion also holds true if you terminated the former employee for just cause.

In all cases, regardless of the reason for departure, the former employer will receive a request for information from an unemployment commission as employees have to list all employers over the last year. Therefore, employers must complete and timely respond to these requests for information, including the details surrounding the departure. Employers should include all relevant information as well, including resignation letters/emails or handbook provisions that have been violated leading to a termination. 

If an unemployment commission ultimately holds you, as the former employer, liable for unemployment benefits, it is important that you timely appeal these decisions, including all supporting legal and factual arguments and documents. Otherwise, even as the former employer, you will remain liable for up to 100% of the unemployment benefits award to the former employee.

Bryan Meek is a member of Brennan, Manna & Diamond’s Labor & Employment team and is available to assist you with responding to requests for information and/or appealing unfavorable unemployment decisions. Bryan can be reached at 330.253.5586, or bmeek@bmdllc.com.

Changes to Physician Assistant Statutes in Florida

In the last year, there have been many changes to the scope of practice and collaboration/supervision requirements for advanced practice providers such as APRNs and physician assistants in the state of Florida. In a previous Client Alert we discussed House Bill 607, which expanded the autonomous practice of APRNs providing primary care services in Florida.

Ohio Senate Bill 49 – Ohio Expands Lien Rights for Design Professionals

Effective September 30, 2021, Ohio granted limited lien rights to design professionals, including architects, landscape architects, engineers, and surveyors. Ohio Governor Mike DeWine signed Senate Bill 49 into law on July 1, 2021. This new law established a statutory right to lien commercial real estate by Ohio design professionals who, until now, could not file a lien for non-payment of professional services. Senator Vernon Sykes, a primary sponsor of Senate Bill 49, stated that the “legislation ensures that architects, engineers and other designers will get paid for their work, regardless of the outcome of their projects . . . It will support hardworking Ohioans by protecting the value of their labor . . ..”

Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.