Archives of Newsletter Articles

DOL Issues New Guidance on Independent Contractor StatusContractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in […]

EEOC To Re-Open EEO Data Collections In 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021. The EEO-1 Report is a compliance survey mandated by […]

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Updates to NC Unemployment Released

In anticipation of employee layoffs, Governor Cooper announced that North Carolina is waiving requirements typical for unemployment benefits. Under his new Executive Order, changes to the unemployment process include: Removing the one-week waiting period typically required before someone can apply for benefits. Those unemployed and seeking benefits will not be required to look for additional […]

Governor Cooper Asks SBA for Assistance Amid COVID-19

Gov. Roy Cooper requested the U.S. Small Business Administration (SBA) grant a disaster declaration for business owners in North Carolina facing economic losses due to the coronavirus. The declaration would provide disaster loans to impacted businesses and nonprofits to help meet financial obligations and cover the costs of operating expenses. Follow developments here .   […]

Physician Issues and COVID-19: Mandatory Reporting Obligations, HIPAA, and the Ethical Use of Quarantine/Isolation Measures

As the number of reported cases of novel coronavirus (“COVID-2019”) continues to increase both across the country and internationally, physicians in North Carolina have begun to ask about their duties to report infected patients, as well as other treatment issues that may arise during outbreaks of infectious disease. On February 3, 2020, the North Carolina […]

Are You Personally Responsible for Business Tax Liability? Don’t Be (Unpleasantly) Surprised.

Did you know that business executives and even rank-and-file employees can be held personally liable for corporate tax obligations in some circumstances? Where corporate obligations remain unpaid (for example where the employee share of taxes are withheld from paychecks but never remitted to the government) the IRS may go looking for a “responsible person“ – that […]

Federal Health Care Investigators to Audit Medicaid Telehealth in Behavioral Health in 2019, 2020

Several months ago, the Department of Health and Human Services’ Office of Inspector General (“OIG”) announced its plans, beginning in 2020, to examine how state Medicaid managed care organizations (“MCOs”) provide behavioral health services via telehealth. The OIG announced that it will review “monitoring and oversight” of telehealth services as well as state and MCO practices, […]