Category:Uncategorized
The Revised Lead and Copper Rule – Will it make an impact?
In 1991, the U.S. Environmental Protection Agency (EPA) published a regulation under the Safe Drinking Water Act to control lead and copper in drinking water, referred to as the Lead and Copper Rule (LCR). The Rule was created to protect public health by minimizing lead and copper levels in drinking water, primarily by reducing water corrosivity through corrosion control treatment. While implementation of the LCR has resulted in major improvements in public health, there is still much that needs to be done as research continues to show cities today see higher than normal levels of lead in their drinking water.
Can Nursing Homes be Sued for COVID-19 Deaths?
Nursing homes have been devastatingly impacted by the COVID-19 pandemic. As of February 26, 2021, as many as 34% (172,000+) of all COVID-19 deaths in the United States have been nursing home residents and employees. While COVID-19’s lethality in older adults and likelihood of transmission in congregate facilities are to blame, plaintiffs’ attorneys specifically question sweeping legislation among various states regarding nursing home restrictions on refusing COVID-19 positive residents and immunity protections. A look at the Public Readiness and Emergency Preparedness (“PREP”) Act and recent federal cases sheds light on the future of plaintiff suits related to COVID-19 deaths in nursing homes.
Nursing Home Staff Turnover Rates Partially Explains Disproportionate Number of Deaths during COVID-19 Public Health Emergency
The COVID-19 pandemic has impacted residents and staff of nursing homes and long-term care facilities more than any other demographic, accounting for nearly 40 percent of the total mortality rate from the virus in the United States. According to Centers for Medicare & Medicaid Services (“CMS”), at least 132,000 residents and employees have died from complications of the COVID-19 across 31,000 facilities, although some estimates place the death count closer to 200,000. One factor aggravating the number of deaths in nursing homes is the extraordinarily high rate of staff turnover each year.
Developments Surrounding ERISA Preemption
The Employee Retirement Income Security Act (“ERISA”) regulates the administration of employee benefit plans. ERISA aims to protect the interest of employee-beneficiaries by setting minimum standards for employee benefit plans and voluntarily established pensions. The Act’s preemption clause works to prevent states from regulating these same plans. Initially, a state statute was considered to violate the preemption clause when it possessed, “a connection with, or reference to, covered employee benefit plans.” A few years later the standard was modified, states were considered to have violated ERISA preemption if the state, “mandates employee benefit structures or their administration.”
Colorado’s New Employment Regulations Provide More Protections to Employees During the Pandemic
Colorado Overtime and Minimum Pay Standards Order (“COMPs Order”) #37 has replaced COMPS Order #36 (2020), which substantially expanded coverage in meals and break requirements, minimum wage and overtime requirements to almost every private employer in Colorado. The changes are designed to provide consistency between minimum wage, overtime and paid sick leave standards under the new Colorado Healthy Families and Workplaces Act (“HFWA”). Some changes include increasing Colorado’s minimum wage, making exemptions to COMPs #37 more stringent, and continuing paid sick leave benefits through 2021 due to the pandemic. These new employee-friendly adjustments have been adopted and became effective on January 1, 2021.
Now that Congress Passed the American Rescue Plan, How Can Chicago and Illinois Spend It?
The latest COVID-19 relief package passed on March 11, 2021 by Congress provides a total of $1.9 trillion in mandatory funding, program changes, and tax policies designed to address the enduring economic damage caused by the pandemic. About 15% of the total package will be allocated to states and local governments to tackle budgetary issues associated with the pandemic with very few strings attached. The State of Illinois and the city of Chicago are in the process of assessing the relief package and formulating plans as to how they will allocate the funds.
Dept. of Labor Proposes to Rescind Two Rules It Says Undermine Worker Protections
On March 11, the U.S. Department of Labor (“DOL”) announced plans to rescind two final rules that the Biden Administration said would have significantly weakened protections for workers under the Fair Labor Standards Act(“FLSA”).
Past, Present, and Future of Working From Home
Molly Franklin Associate Editor Loyola University Chicago School of Law, JD 2022 The start of work from home For almost a year now, millions of Americans have been working from home because of the COVID pandemic. When offices told their employees to bring their laptops home with them in March last year, most expected to …
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Securities and Exchange Commission Issues Statement Regarding Climate Change Disclosures
One of President Joe Biden’s promises to America if elected President of the United States was to be more proactive to fix the increasing issue of climate change. Previously, during his tenure as Vice President, in 2010 disclosures were mandated by the Securities and Exchange Commission (SEC) that ordered publicly traded companies disclose their climate change related data in their filings to help investors make more informed decisions. More than ten years later, and only a month after President Biden’s inauguration, the SEC released a statement regarding their intentions to revise these disclosure requirements and bring a greater focus to investment decision regarding climate change issues.
Journal of Regulatory Compliance Fifth Annual Symposium
The Loyola Journal of Regulatory Compliance hosted its fifth annual symposium on Friday, March 12th. The symposium, “Labor & Employment Compliance Issues in the Era of Covid-19,” brought together practitioners to reflect on a variety of concerns facing employment professionals as advisor, employer, and client in the pandemic and post-pandemic workplace.