Labor & Employment Dispatch: September 2021

September 3, 2021 | Newsletters



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FEATURED

Supreme Court Restricts Use of Computer Fraud and Abuse Act

In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for their trade secrets and confidential information.

Avoiding Retaliation Claims Under the Family Medical Leave Act

The Fifth Circuit Court of Appeals recently issued two decisions that highlight the robustness of the Family Medical Leave Act’s anti-retaliation provision, simultaneously emphasizing to employers the importance of avoiding retaliatory conduct under the FMLA.

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs such as a smoking cessation incentive.

ADDITIONAL INSIGHTS

Navigating Potential COVID Relief and Healthcare Fraud

With billions of dollars distributed through the Paycheck Protection Program (PPP) and the CARES Act, there was plenty of opportunity for fraudulent activity. In this podcast, Arthur Gollwitzer discusses how the U.S. Department of Justice has made the intersection between COVID relief and fraud—particularly healthcare fraud—one of their absolute highest priorities.

“The government requires all sorts of certifications when you ask for a PPP loan or when you seek reimbursement under the CARES Act,” he said. “Get guidance on what the new regulations are, how to set up best practices for dealing with them, how to have set up a compliance program. Make sure employees aren’t making mistakes, either one-off mistakes or a pattern of mistakes, that might trigger a government investigation.”

What Investors Should Know for Direct EB-5 Investment Issues

Christian Triantaphyllis participated in a joint webinar with EB5 Affiliate Network to discuss recent changes to the EB-5 Immigrant Investor Program and what investors should know about the temporary reduction of the standard minimum investment amount. The webinar discussed:

  • the key steps in the EB-5 direct investment process;
  • the documents required to prove that funds were legally earned;
  • the total cost of making an EB-5 investment, including all fees;
  • how long it will take immigrants and their family members to receive green cards;
  • the eligibility of a citizen from the middle east to receive an EB-5 visa; and
  • how a direct EB-5 project shows 10 jobs.

NEWS & HIGHLIGHTS

Congratulations to Our 2022 Best Lawyers

The Best Lawyers in America named 178 Jackson Walker attorneys to its 2022 edition. The Firm proudly congratulates the following Labor & Employment and ERISA attorneys who were recognized:

Alicia Duleba Named Among “Austin’s Top Attorneys” of 2021

Labor and employment partner Alicia Duleba was named among the 20 Jackson Walker attorneys recognized in Austin Monthly‘s list of “Austin’s Top Attorneys” for 2021. For recognition in the list, Austin attorneys must be nominated by their peers on the basis that they offer experienced counsel in one of 43 categories.

Jackson Walker Defends American Airlines Federal Credit Union in 401(k) Management Suit

The Fifth Circuit Court of Appeals affirmed, reversed, and vacated parts of the district court’s decision in a suit brought by two former American Airlines employees who sought to certify a 20,000-member class action. American Airlines Federal Credit Union was represented by Jonathan NeermanEdwin Buffmire, and Peter Hansen.

These materials are made available by Jackson Walker for informational purposes only, do not constitute legal advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

© 2021 Jackson Walker


In This Story

Edwin Buffmire
Partner, Dallas

Chuck Campbell
Partner, Austin

Greta E. Cowart
Partner, Dallas

James Matthew Dow
Partner, Austin

Alicia R. Duleba
Partner, Austin

W. Gary Fowler
Partner, Dallas

Richard G. Garza
Partner, San Antonio

Arthur Gollwitzer
Partner, Austin

Peter C. Hansen
Senior Counsel, Austin

Sara K. Harris
Associate, Dallas

Gary L. Ingram
Partner, Fort Worth

John V. Jansonius
Partner, Dallas

John A. Koepke
Partner, Dallas

Scott M. McElhaney
Partner, Dallas

Jonathan D. Neerman
Partner, Dallas

Jay K. Rutherford
Partner, Fort Worth

David Schlottman
Partner, Dallas

Lionel M. Schooler
Partner, Houston

Jackie C. Staple
Associate, Houston

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