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☆ Extreme heat is affecting workers this summer. New federal rules would require bosses to provide rest, water, and shade.
▼ + stars: | 2024-07-02 | by ( Catherine Boudreau | ) www.businessinsider.com time to read: +8 min

"Notably, acclimatization is the leading killer among the different factors related to heat illness," a senior administration official said. AdvertisementA senior administration official said OSHA's proposal, if finalized, would apply to all states including Texas and Florida. AdvertisementA senior administration official said OSHA's proposal is similar to standards that have been successful in those states. A senior administration official said OSHA will review state plans to ensure they are at least as effective as the federal rules. A senior administration official said OSHA also convened a national advisory committee of construction representatives comprised of management and labor interests.

Persons: —, Biden, Donald Trump, Julie Su, it's, it's it's, acclimatization, Greg Abbott, Critics, Abbott, Su, she's, who've, She's Organizations: Service, Workers, Business, Occupational Safety, Health Administration, Republican, National Weather Service, Bureau of Labor Statistics, OSHA, Dade, Texas Gov, Houston, Guardian, American Farm Bureau Federation, Construction Industry Safety Coalition Locations: Texas, Florida, Miami, Austin, Minnesota , California, Washington , Oregon, Colorado, California, Washington and Oregon, California , Arizona

☆ Federal judge blocks enforcement of controversial Texas immigration law
▼ + stars: | 2024-02-29 | by ( Andy Rose | ) edition.cnn.com time to read: +2 min

CNN —A federal judge in Austin, Texas, ordered the state government Thursday to suspend enforcement of a controversial law that would allow state law enforcement agents to arrest and detain people they suspect of entering the country illegally. “If allowed to procced, SB 4 could open the door to each state passing its own version of immigration laws,” Judge David Alan Ezra wrote, granting a preliminary injunction against the law. The judge rejected the state’s argument that the current influx of migrants across the southern border is an “invasion” that Texas has the right to stop unilaterally. The President of the United States has a constitutional duty to enforce federal laws protecting States, including laws already on the books that mandate the detention of illegal immigrants,” Abbott said in a statement. The American Civil Liberties Union, the ACLU of Texas, and the Texas Civil Rights Project argued that the controversial border law was unconstitutional because it preempts federal law and quickly sued after it was signed by Abbott.

Persons: David Alan Ezra, ” Ezra, Greg Abbott, ” Abbott, “, ”, Iliana Holguin, Abbott, CNN’s Priscilla Alvarez Organizations: CNN, “, CNN Texas Gov, U.S, El, American Civil Liberties Union, Texas Civil Rights, Abbott Locations: Austin , Texas, Texas, United States, El Paso County, Eagle, Biden’s, “ El Paso County, Abbott . Texas

It allows the city to suspend a landlord’s rental license if police answer four or more “nuisance” calls in a year. Minnesota law meanwhile prohibits landlords from limiting or preventing calls for emergency services and also preempts local ordinances penalizing landlords over such calls. She later learned the calls ran afoul of Peoria’s nuisance ordinance. Last year, Maryland prohibited landlords from evicting tenants over the number of emergency calls to their addresses, as well as prohibited cities and counties from penalizing landlords for emergency calls. Jose Cruz Guzman, who serves on the board of Minneapolis’ Sky Without Limits Cooperative, said emergency calls to an apartment would prompt support from fellow residents.

Persons: ”, Elizabeth Sauer, Jeff Weaver, Sue Abderholden, Scott Baumgartner, Baumgartner, Tina Davies, Davies, they’re, “ I’m, Kate Walz, Jose Cruz Guzman, ___ Hanna, Steve Karnowski Organizations: U.S . Department of Justice, Central Minnesota Legal Services, City, FBI, DOJ, Anoka, National Alliance, Mental, Associated Press, Fair Housing, Peoria, American Civil Liberties Union, New, New York Civil Liberties Union, National Housing Law, Housing, Prevention Locations: Minneapolis, Anoka, Mississippi, ”, Minnesota, California , Ohio, Illinois, Peoria, New York, Hesperia , California, U.S, Maryland, California, Topeka , Kansas

☆ Idaho asks Supreme Court to let abortion law that penalizes doctors to take full effect
▼ + stars: | 2023-11-27 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +3 min

CNN —Idaho asked the Supreme Court on Monday to allow its state abortion ban that imposes penalties on doctors who perform abortions to take full effect despite federal requirements for emergency room doctors. But a district court blocked the law in hospital emergency rooms that receive Medicare funding, holding that the state law interferes with a federal Medicare statute. The United States sued, claiming that a provision of a federal Medicare statue – the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s law in emergency rooms. The federal law requires hospitals to provide stabilizing care to emergency room patients regardless of their ability to pay. Now the state, represented by a conservative legal group that opposes abortion, is asking the Supreme Court to step in on an emergency basis to put the district court ruling on hold while appeals play out.

Persons: ”, preempts, Lynn Winmill, “, Dobbs, Erin Hawley, Alliance Defending Freedom, EMTALA Organizations: CNN, Idaho, Idaho’s Defense, United, Labor, Court, of, Alliance Defending Locations: Idaho, United States, of Idaho, Idaho’s, “, Texas

Eight women in Idaho and Tennessee are asking state courts to place holds on their states' abortion laws after being denied access to the procedure while facing harrowing pregnancy complications that they say endangered their lives. Political Cartoons View All 1154 ImagesLike the Texas lawsuit, none of the complaints filed Tuesday are seeking to overturn the states' abortion bans. Spokespersons for attorneys general in Idaho and Tennessee, which are both named as defendants in the cases, did not respond to emailed requests for comment. The legal challenges filed Tuesday comprise deeply personal testimonies from women who were denied abortion services and physicians who were terrified of violating the states' abortion bans. DHHS said the federal Emergency Medical Treatment and Labor Act supersedes state abortion bans that don’t have adequate exceptions for medical emergencies.

Persons: —, Roe, Wade, ”, Nancy Northup, preempts, Nicole Blackmon, Daniel, Blackmon, ” Blackmon, Emily Corrigan, ” Corrigan, Jennifer Adkins, Turner, Adkins, Jaci Statton, DHHS, Joe Biden's, Laura Ungar Organizations: U.S, Republican, Reproductive Rights, Texas Supreme, Center for Reproductive Rights, OU Health, U.S . Department of Health, Human Services, Associated Locations: Tenn, Idaho, Tennessee, Oklahoma, Texas, Idaho and Tennessee, Portland , Oregon, Louisville , Kentucky

☆ A Texas judge has declared unconstitutional a law championed by Gov. Greg Abbott that limits the power of Democrat-led cities
▼ + stars: | 2023-08-30 | by ( Katie Hawkinson | ) www.businessinsider.com time to read: +3 min

A Texas judge declared a law that prevented cities from passing some local ordinances unconstitutional. Greg Abbott, a Republican, signed a bill into law in June that prohibited cities from passing certain local ordinances. "I am thrilled that Houston, our legal department, and sister cities were able to obtain this victory for Texas cities," Houston Mayor Sylvester Turner wrote in a statement. "While the judge declared HB 2127 unconstitutional, she did not enjoin enforcement of the law by Texans who are harmed by local ordinances, which HB 2127 preempts," Willey wrote to Insider. "This is a HUGE win for the working people of Texas, local govs, and communities across our state," the Texas AFL-CIO posted in response to the decision.

Persons: Greg Abbott, Maya Guerra Gamble, Sylvester Turner, Gamble's, Paige Willey, Willey Organizations: Republican Gov, Democrat, Service, Republican, Houston, Legislature, Texans, Texas AFL Locations: Texas, Wall, Silicon, Houston

☆ A new Texas law will override mandated rest and water breaks for construction crews as extreme heat rises
▼ + stars: | 2023-06-29 | by ( Catherine Boudreau | ) www.businessinsider.com time to read: +4 min

Some construction crews in Texas are no longer guaranteed water breaks under a new law. Critics say the law will override the few protections that construction workers in Austin and Houston are guaranteed, including 10-minute breaks every four hours to drink water and rest in the shade. The agency in 2021 started collecting information to help inform a national heat standard for indoor and outdoor workers, but a final rule could be years away. Mahaleris said the law wouldn't prohibit people from taking water breaks. "Access to drinking water and bathrooms, taking breaks in the shade — and there's also an education component that's important."

Persons: Greg Abbott, Daniela Hernandez, Abbott, Andrew Mahaleris, Mahaleris, Hernandez, Lulu Flores, there's Organizations: Service, Central America, Workers Defense Project, Occupational Safety, Health Administration, OSHA, Texans, Big, National Park Service, US Postal Service, Democrat, Austin, GOP Locations: Texas, Texas , Louisiana, Mexico, Central, Austin, Houston, Texas . Texas, California , Minnesota, Washington, North Texas, West Virginia, East Texas

June 27 (Reuters) - Donald Trump's lawyers will ask a U.S. federal judge on Tuesday to transfer from state court a criminal case accusing the former president of falsifying business records tied to a hush money payment to a porn star. Trump asserts that federal court is the proper venue for the case, arguing that his actions were related to the presidency, that the charges involve federal election law, and that he is immune from state prosecution. The Manhattan District Attorney's office, which brought the case, says the conduct had nothing to do with Trump's duties as president. Federal election law does not preempt state regulation of fraud, the prosecution says, and Trump is not immune from state prosecution because his actions involved no official duty. Should the case remain in state court, it is scheduled for trial in March.

Persons: Donald Trump's, Trump, reimbursements, Michael Cohen, Stormy Daniels, Daniels, Stephanie Clifford, Alvin Hellerstein, Cohen, reimbursing Cohen, Karen Freifeld, Howard Goller Organizations: Trump, Manhattan District, Thomson Locations: Manhattan, U.S

☆ A son died, his parents tried to sue. How U.S. courts protect Big Pharma
▼ + stars: | 2023-06-26 | by ( ) www.reuters.com time to read: +26 min

His parents soon started exploring a lawsuit against Merck, the developer of the blockbuster asthma and allergy drug, Singulair, along with the manufacturer of the generic version their son took. That meant Merck had written the warning label, with federal approval, on the generic version of Singulair that Nicholas England took. But his parents couldn’t sue Merck, either, because their son had never taken its name-brand version of Singulair. The generic drug manufacturer that made the pills England took, Teva Pharmaceuticals, did not respond to inquiries. Since Merck’s patent on Singulair expired in 2012, major generic drug manufacturers have sold millions of prescriptions under the drug’s scientific name, montelukast.

Persons: Nicholas England, Nicholas, Merck, ”, Jennifer England, Nicholas’s, ” Merck, Organon, “, George W, Bush, Daniel Troy, Troy, Medtronic, Nicholas England’s, Adam Zimmerman, ” Zimmerman, Jay Lefkowitz, Ellis, shouldn’t, Bayer, drugmaker Wyeth, Phenegran, Jan Gilpin’s, mumbling, ” Gilpin, ” “, hadn’t, Singulair, Gilpin, Stephane Bissonnette, suicidality, Dr, Judith Kramer, Duke, Robert England, Robert said, Kim Beck Organizations: Merck, U.S, Teva Pharmaceuticals, Reuters, U.S . Food, Drug Administration, FDA, Big, Corporate America, Corporations, Administration, ”, New, University of Southern California’s Gould School of Law, Norfolk, Union Pacific, Federal Railroad Safety, Pacific, GlaxoSmithKline, Monsanto, Bayer, Parent Locations: Virginia, England, U.S, New York, Kirkland, East Palestine , Ohio, Louisiana, Atlanta, Vermont, Wise , Virginia, Wisconsin

☆ GC Agenda: May 2023
▼ + stars: | 2023-05-01 | by ( Practical Law The Journal | ) www.reuters.com time to read: +23 min

Clawback Listing StandardsPublic companies should be aware that proposed NYSE and Nasdaq clawback listing standards may be in place earlier than expected. Organizations may use biometric data in a variety of ways, including when:tracking employee time; restricting access to physical and digital assets; monitoring consumer shopping behavior; and integrating biometric data into consumer products and services. Consider whether the organization’s current policies and procedures meet applicable biometric data handling requirements, including notice, consent, retention, storage, and security obligations. Review applicable laws and obligations when contracting with service providers that handle biometric data and continuously monitor their performance. In February 2023, the NYSE and Nasdaq filed proposed new listing standards, which contemplated that they could become effective as early as April 27, 2023.

☆ Employee Monitoring and Surveillance
▼ + stars: | 2023-05-01 | by ( ) www.reuters.com time to read: +50 min

Ensuring Employee Safety and Systems SecurityEmployers may use electronic workplace monitoring and surveillance to protect their:Worksites. Potential Liability for Electronic Workplace Monitoring and SurveillanceEmployers that engage in electronic workplace monitoring and surveillance must comply with various federal and state laws, including:The Wiretap Act. Best Practices for Electronic Workplace Monitoring and SurveillanceTo avoid violating relevant state and federal laws, before conducting workplace monitoring and surveillance, employers should:Consider the purpose and appropriate scope of their monitoring and surveillance activities and what methods will help them achieve their objectives. Determine the Purpose of Workplace Monitoring and SurveillanceBefore conducting any workplace monitoring or surveillance, best practice is for employers to identify the purpose and goals of these activities to:Ensure that there is a legitimate business purpose for the planned monitoring and surveillance activities. Determine the scope of monitoring and surveillance necessary to accomplish the business purpose, and conduct only the minimum monitoring and surveillance necessary to meet that business need.

☆ Federal court strikes down a California city's natural gas ban
▼ + stars: | 2023-04-18 | by ( Emma Newburger | ) www.cnbc.com time to read: +1 min

A federal appeals court ruled Monday that Berkeley, California, cannot enforce a ban on natural gas hookups in new buildings, saying a U.S. federal law preempts the city's regulation. In the appeal, the three-judge panel said the U.S. Energy Policy Conservation Act of 1975 preempts the city's ban on the installation of natural gas piping within new construction. The decision could have ramifications for efforts by other cities and counties in California to ban natural gas appliances in new buildings to help reduce climate-changing greenhouse gas emissions. A few dozen cities across the country, including San Francisco, New York City, San Jose, Seattle, and Cambridge, Massachusetts, have also moved to ban natural gas hookups in some new buildings, citing environmental and health reasons. The ruling reversed a 2021 decision by a U.S. district judge who had blocked the challenge to the city's ban.

The proposal is aimed at protecting woman who live in states where abortion is illegal who travel out of state to have the procedure done - something thousands of women are already doing, research shows. It is unclear whether the proposed rule would actually stifle criminal investigations. The federal Employee Retirement Income Security Act of 1974 (ERISA) covers most health insurance and other company benefit plans and generally preempts state laws on abortion-related coverage. But it does not prevent states from prosecuting plans, sponsors, administrators and their employees in all instances. Reporting By Jarrett Renshaw and Heather Timmons; Editing by Heather Timmons and Mark PorterOur Standards: The Thomson Reuters Trust Principles.

☆ Abortion pill manufacturer sues over West Virginia ban
▼ + stars: | 2023-01-25 | by ( Rose Horowitch | Rose Horowitch Is An Intern With Nbc News Digital Politics. | ) www.nbcnews.com time to read: +3 min

Abortion pill manufacturer GenBioPro filed a lawsuit Wednesday arguing that West Virginia's sweeping ban on the procedure is unconstitutional — one of a spate of suits testing the legality of medication abortion in the post-Roe legal landscape. GenBioPro manufactures mifepristone, the first pill in a two-drug regimen used to carry out medication abortion. Medication abortion has become a hot-button issue since the Supreme Court’s June decision to overturn Roe v. Wade, which guaranteed a constitutional right to abortion. The drugmaker, which filed its case in West Virginia federal court, argues that the Food and Drug Administration's regulations on abortion medication override state law. “Abortion law and the status of the legality of abortion flickers on and off,” Rebouché said.

Jan 19 (Reuters) - Florida can punish local governments and officials that try to pass gun restrictions that are tougher than state laws, Florida's top court affirmed on Thursday. The Florida Supreme Court, by a 4-1 margin, rejected local officials' argument that they were immune to the penalties, which the court found were within the state's power to impose. Florida in 1987 passed a law stating that state gun control law preempts, or overrides, any local gun control measures. The local governments and officials sued the state to challenge a 2011 state law that authorizes the state to penalize local leaders for passing gun control measures that are subsequently struck down by courts for conflicting with state law. A trial court ruled in favor of the local officials, but the 1st District Court of Appeal upheld the 2011 law in 2021.

[1/2] GSK (GlaxoSmithKline) logo is seen in this illustration, August 10, 2022. Circuit Court of Appeals ruled that federal law preempts the plaintiffs' state-law claims that GSK failed to warn doctors and pregnant women that animal studies found a link between birth defects and taking Zofran. Louis Bograd, a lawyer for the plaintiffs at Motley Rice, did not respond to a request for comment. Without any newly acquired information, GSK could not legally change the label without the FDA's blessing, Kayatta wrote. For the plaintiffs: Louis Bograd of Motley RiceFor GSK: Lisa Blatt of Williams & ConnollyRead more:Zofran birth defect cases should be revived, say hundreds of plaintiffsGSK defeats 425 lawsuits alleging Zofran causes birth defects(NOTE: This story has been updated with a comment from GSK.)

This year, hospitals are being overwhelmed with a combination of Covid, respiratory syncytial virus (RSV) and the flu. This “tripledemic” of flu, Covid and RSV is a reminder that even as the pandemic ends, the threat of seasonal respiratory viruses remains. When and where respiratory viruses are surging, mask mandates should be reinstated. A recent study found that Boston school districts that had lifted mandates averaged 45 more Covid cases per 1,000 students and staff than those with mandates. This means that RSV — for which a vaccine is still being developed — can be mitigated through both mask-wearing and hand-washing.

Nov 21 (Reuters) - The U.S. Supreme Court on Monday turned away a challenge to a 2018 Seattle law requiring hotels to pay for health insurance for low-wage workers pursued by a business group that argued the measure violated a federal law that regulates employee benefits. The justices declined to hear an appeal by a group called the ERISA Industry Committee (ERIC) of a lower court's ruling that upheld the law. Democratic-governed Seattle's law requires larger hotel operators to provide up to $1,375 a month in insurance benefits or direct payments to workers. ERIC is a nonprofit organization based in the U.S. capital representing large employers in their capacity as sponsors of employee benefit plans for their nationwide workforces. The group sued Seattle in 2018 in federal court, arguing that the law was barred by the federal Employee Retirement Income Security Act of 1974 (ERISA), which preempts state laws that attempt to regulate employee benefit plans.

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