What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing the rule that would
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Tax Risks When Valuing A Gift With A Stale Appraisal
“Penny wise but pound foolish” first appeared in writing over 500 years ago. This idiom captures the wisdom of human experience in just five words: shortcuts that appear to save money are more expensive in the long run. Sometimes much…
CDC Shortens Quarantine Period and OSHA Updates Guidance on the ETS
The last two weeks have provided a rollercoaster ride for employers as they grapple with the resurrection of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (“ETS”) by the Sixth Circuit Court of Appeals, updated guidance from OSHA…
DOL Final Rule for Tipped Employees Resurrecting the "80/20 Rule" (and More) Goes Into Effect on December 28
As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage obligations if an employee regularly…
Sixth Circuit Dissolves Stay of OSHA Vaccine ETS
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100 employees in a consolidated multidistrict…
OSHA Vaccine Mandate Reinstituted, but Enforcement Deadline Delayed
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the previously-issued stay on the Occupational Safety and Health Administration’s (OSHA) vaccine or testing requirement for private employers with at least 100 employees. OSHA originally instituted the requirement through…
Federal Court Blocks Federal Contractor Mandatory Vaccination Rule From Taking Effect
On Tuesday, December 7, 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of the federal mandate that obligates many federal contractors and subcontractors to require their employees to be fully vaccinated against COVID-19. As…
Federal Contractor Vaccination Mandates Enjoined Nationwide Following Stay of OSHA's Vaccination Mandate for Companies of 100 or More Employees
The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration , 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate…
End of Year Reminders for Illinois Employers
With the calendar flipping to December, businesses should take stock of their employment policies and practices in preparation for the new year. Below we identify a few issues (other than COVID-19-related issues) that employers should have on their radar as…
Step Transaction Doctrine
People often don’t appreciate the need to fully and properly document intra-family transfers of assets, until it is too late. When documenting a transaction, shortcuts are at the taxpayer’s peril. One taxpayer, after being slapped with a $1.1 million gift…