BW INSIGHTS

Families First Coronavirus Response Act (FFCRA) Changes You Should Know

By BrownWinick | 09.14.2020
A decision out of New York prompted the Department of Labor (DOL) to issue a revised rule on the FFCRA which is scheduled to take effect 9/16/2020. The revisions cover five main areas: The Department reaffirms that paid sick leave and expanded family and medical leave may be taken only if the employee has work from which to take leave and explains... Read More

New CMS COVID-19 Testing Requirements for Long-Term Care Facilities

By Drew Larson | 09.01.2020
On Thursday, August 27, 2020, Centers for Medicare & Medicaid Services (CMS) publicly filed an unpublished Rule related to COVID-19 testing requirements for long-term care (LTC) facilities. The Final Rule is scheduled for publication on September 2, 2020 and will go into effect immediately. CMS issued a memorandum to State Survey Agency Directors... Read More

Embracing Diversity and Inclusion in the Workplace

By Danielle Smid | 08.27.2020
Diversity and inclusion in the workplace are vital to the success of every business. Diversity and inclusion is a company’s mission, strategies, and practices to support a diverse workplace where individuals from all backgrounds and walks of life are able to participate and contribute comfortably and equally. Successful implementation will improve... Read More

Trademark Consent and Coexistence Agreements

By Jordan Meggison-Decker | 08.24.2020
Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More

USCIS Conducts Second H-1B Lottery

By BrownWinick | 08.24.2020
U.S. Citizenship and Immigration Services (USCIS) has conducted a second H-1B lottery to select additional FY 2021 H-1B Cap cases. BrownWinick first reported the conclusion of the H-1B lottery selection in April; however, employers began to receive notifications of case selection late last week. This second lottery is in an effort to fill the FY... Read More

Department of Homeland Security Issues Guidance on Exemptions to Travel Bans

By BrownWinick | 08.24.2020
The Department of Homeland Security has issued guidance on exemptions to travel bans, specifically detailing exemptions to Presidential Proclamations 10014 and 10052, which together suspend the entry of certain immigrant visa applicants, and foreign nationals who present a risk to the U.S. economic recovery efforts in the wake of COVID-19, until... Read More

EU Court Rejects Privacy Shield, EU/U.S. Initiates Discussion on Alternatives

By BrownWinick | 08.24.2020
Privacy Shield, a program created by the U.S. Department of Commerce in conjunction with the European Union and Switzerland to help U.S. organizations conform to EU data privacy law when handling data, was invalidated in a decision by the Court of Justice of the European Union on July 16, 2020. The Court first ruled the Privacy Shield framework... Read More

SBA Opens PPP Forgiveness Portal, But Banks Put on the Brakes

By BrownWinick | 08.12.2020
The Small Business Administration (SBA) officially opened its Paycheck Protection Program Forgiveness Portal to lenders starting on Monday, August 10, 2020. This means that banks who provided loans to small businesses through the Paycheck Protection Program (PPP) may start processing applications from borrowers to have their loans entirely... Read More

Eviction and Foreclosure Prevention Program

By Kelli Orton | 08.12.2020
In an effort to reduce the number of evictions and foreclosures in the State of Iowa due to the pandemic, Governor Reynolds created the COVID-19 Eviction and Foreclosure Prevention Program. This program provides rental assistance or mortgage assistance for up to four months for a household who has had a reduction in income due to the pandemic.... Read More

The DOL Fiduciary Rule and NAIC Showdown:  Fiduciary or Not? 

By BrownWinick | 08.11.2020
Despite the apparent harmonization between the SEC Regulation BI (Section 240.151-1, eff. 6/5/19) https://www.sec.gov/rules/final/2019 and the NAIC’s Revised Model on Suitability https://www.naic.org/store/free/MDL-275., the Department of Labor proposed a new fiduciary rule which contradicts the Model’s explicit language…the Care Obligation DOES... Read More

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