INSIDE COMPLIANCE – Page 22 – Loyola University Chicago School of Law

Stronger Health Regulations in the Fracking Industry Benefit the Industry and Workers Alike

April 30, 2021Uncategorized

As a compliance deadline set by the Occupational Safety and Health Administration (“OSHA”) for the fracking industry approaches on June 23, 2021, both the industry and the workers employed by it are seeing benefits. Created by the Occupational Safety and Health Act, OSHA sets out regulations meant to protect employees from work conditions that threaten their health and monitors and enforces compliance with those standards.

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Exploring COVID-19 Vaccine Authorization by the FDA

April 26, 2021Drugs & Devices

As of April 22, 2021, 218,947,643 million people have received the COVID-19 vaccine. Before or during the appointment, your provider directs you to a fact sheet for the Pfizer-BioNTech COVID-19 Vaccine or Moderna COVID-19 Vaccine. On the fact sheet, there were a couple of sentences that caught my eye “The Pfizer-BioNTech COVID-19 Vaccine is a vaccine and may prevent you from getting COVID-19. There is no U.S. Food and Drug Administration (“FDA”) approved vaccine to prevent COVID-19.” When I read this, I wanted more information about the difference is between being authorized or approved. Like many people, one can become hesitant when a product is not adequately tested; in fact, a Kaiser research project shows about 30% of people probably or definitely not get the vaccine.

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The Votes Are In . . . or Are They?

April 22, 2021Uncategorized

On Friday, April 9th, Amazon successfully withstood the largest push for unionization yet for its U.S. workers when its Bessemer, Ala. warehouse employees voted ‘no’ to unionizing. The final tally of ballots showed only 738 votes in favor of joining the Retail, Wholesale and Department Store Union (“RWDSU”) compared to 1,798 votes against it. After a tally, any party may file objections to the conduct of the election or to conduct affecting the election’s results—and the RWDSU is doing just that.

Employment

COVID-19 Vaccine Passports and Privacy Concerns

April 22, 2021Uncategorized

As businesses begin to reopen and resume operations after the pandemic, there are discussions surrounding possible vaccine passports and the concerns protecting individuals’ personal health information. COVID-19 vaccines are becoming more available within the country and more Americans feel safe to resume their normal lives. Many states and businesses are contemplating the idea of making vaccine passports a requirement for travel and large events. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) was created to protect personal health information. As other countries are beginning to require proof of vaccination, many are contemplating whether vaccine passports are permitted by HIPAA or if the requirement will actually violate the federal health privacy law.

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The United Nations Response to the Killings in Myanmar is Not Enough

April 7, 2021Uncategorized

On Saturday, March 27, 2021, as the Myanmar military celebrated the 76th annual Armed Forces Day with a parade, Myanmar police and soldiers killed dozens of citizens. Within the last two months, over 100 civilian pro-democracy protesters have been killed by the Myanmar military.

When the coup started in February, the United Nations (“UN”) condemned the junta. Since then, the UN has taken no action. The UN needs to interject and end the killing and violence against civilians. The UN Security Council or an emergency summit should deny recognition of the Myanmar military as a legitimate government, act to cut off the Myanmar military from funding and access to weapons, and then the International Criminal Court should investigate the killings of civilians.

Journal of Regulatory Compliance

Federal Bill May Soon Make Privacy Regulation Patchwork a Thing of the Past

April 7, 2021Uncategorized

Lydia Bayley Associate Editor Loyola University Chicago School of Law, JD 2022 While the COVID-19 pandemic undeniably pushed many legislative agendas to the backburner, some seem to be heating back up. With the 117th Congress now in session, data privacy is once again moving to the forefront of federal legislative debate. For decades, the United States has …
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Altering Injuries: Loss of Scholarship to Long-Term Consequences

April 6, 2021Athletic Regulation

Athletic scholarships pave the way for student-athletes to attend the schools of their dreams, yet serious injuries can turn their dreams into nightmares, regardless of whether the injuries have immediate or future effects. In the relentless pursuit of illustrious professional league contracts and national championships, athletes may fail to get properly evaluated or be less inclined to accept being sidelined for what they perceive as minor, short-term injuries. The unwary athlete may find themselves losing their scholarship and suffering life-long consequences as a result. While the NCAA was established in 1906 for the purpose of protecting athletes from a trend of injuries and death in college football, the governing body has seemingly veered off course of prioritizing student-athlete welfare.

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Nursing Home Staff Turnover Rates Partially Explains Disproportionate Number of Deaths during COVID-19 Public Health Emergency

March 25, 2021Uncategorized

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.

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Developments Surrounding ERISA Preemption

March 24, 2021Uncategorized

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.”

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Colorado’s New Employment Regulations Provide More Protections to Employees During the Pandemic

March 24, 2021Uncategorized

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.

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