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Archive by tag: WilliamsReturn

Employers (Including Municipalities) Still Required to File IRS Forms Despite Changes to Affordable Care Act Individual Mandate

If you watch the news, you may have heard that the requirement known as the “individual mandate” under the Affordable Care Act, which generally requires that individuals either obtain health insurance or pay a penalty, was repealed by the Tax Cuts...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Stormwater Enforcement/Construction: Arkansas Department of Energy and Environment and Washington County, Arkansas, Construction Site Operator Enter into Consent Administrative Order

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Riggins Commercial Construction, LLC, (“Riggins”) entered into a February 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties

The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is in part due to tension...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds

The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the surrounding property into which the...By: White and Williams LLP
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White and Williams LLP | Mar 04,2020 |

Texas Insurance Commissioner Issues Bulletin Clarifying Applicability of Texas Small and Large Employer Health Plan Requirements in Light of Recent Federal Rules Expanding Availability of HRAs

On Thursday, February 20, 2020, the Commissioner of the Texas Department of Insurance issued a bulletin clarifying the applicability of Texas’ small and large employer health plan laws and regulations to individual coverage HRAs (ICHRAs) and excepted...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Oregon CAT: DOR Issues Draft Labor Cost Subtraction Rules

On February 18, 2020, the Oregon Department of Revenue (“DOR”) issued draft rule OAR 150-317-1220. The rule can be broken down into three parts: • Definitions for purposes of the labor cost subtraction under OAR 150-317-1200; • Items that are not...By: Schwabe, Williamson & Wyatt PC
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Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to employers in both the...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Transportation/Drug Testing: U.S. Department of Transportation Updates/Clarifies Status of Medical Marijuana/Hemp/CBD Oil

The United States Department of Transportation (“DOT”) Office of Drug and Alcohol issued a February 18th DOT Office of Drug and Alcohol Policy and Compliance Notice (“Notice”) addressing the drug and alcohol policy for the expanding legalization by...By: Mitchell, Williams, Selig, Gates & Woodyard,
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New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases

The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J. Super. 35, 171 A.3d 214 (App....By: White and Williams LLP
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White and Williams LLP | Feb 19,2020 |

New I-9 Form for Employers

For employers seeking to fulfill their obligation to complete and retain Form I-9s for each person on their payroll, the United States Citizen and Immigration Services (USCIS) has issued a new version of the Form I-9 which employers should begin...By: Mitchell, Williams, Selig, Gates & Woodyard,
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