As reported in Part 4 of our 2022 End of Year Plan Sponsor “To Do” List, Section 6039 of the Internal Revenue Code (the “Code”) requires employers to provide a written information statement to each employee or former employee
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High Deductible Health Plan Telehealth Relief, Extended Again!
If you sponsor a high deductible health plan (“HDHP”) and have been tracking telehealth relief, your head may be spinning and rightfully so! There have been various laws and guidance impacting HDHPs and telehealth since 2020 and most recently, new…
US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme…
Supreme Court Grants Certiorari in Amgen v. Sanofi to Decide Enablement Question
By Dan Staren
By: Trent Hoffman and David Barker
On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, to review “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art…
USEPA Releases Updated Environmental Justice Related Legal Guidance
By Chris Colyer
By: Luke Narducci and Amanda Reeve
Further building upon its Environmental Justice (EJ) Legal Tools, on January 11, 2023, the U.S. Environmental Protection Agency (USEPA) released the Cumulative Impacts Addendum updating its existing legal guidance for advancing EJ actions. …
Environmental Justice Grants Available for Qualifying Air-Related Projects
By Chris Colyer
By: Luke Narducci and Amanda Reeve
The U.S. Environmental Protection Agency (USEPA) issued a Request For Applications (RFA) on January 10, 2023, for projects “supporting community-based nonprofit organizations (CBO’s) in their efforts to collaborate and partner with other stakeholders…to develop…
The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
By Bob Henry
By: Robert A. Henry and Emily R. Parker
The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear guidance…
ADEQ Providing Assistance for Small Rural Water Systems
By Chris Colyer
by Luke Narducci, Mike Ford, Amanda Reeve
ADEQ is providing new and improved help for small rural water systems. We are sharing this notice to help bring awareness to this important issue. To that end, we will…
USEPA Proposes New Particulate Matter Air Quality Standard
By Chris Colyer
by Amanda Reeve
The U.S. Environmental Protection Agency (USEPA) announced on January 6, 2023, that it is proposing to modify the National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5). The current annual primary (health-based) NAAQS for…
California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers…