Friday, March 5, 2021
Welcome to the 2021 Legislative Brief, your one-stop shop for legislative news from a variety of sources throughout West Virginia, and my view of the legislative happenings on the horizon. Today marks the 24th day of the 60-day Legislative Session.
THE DETAILS:
954 bills introduced in the House of Delegates
586 bills introduced in the State Senate
35 bills have passed the House of Delegates
63 bills have passed the State Senate
11 bills have completed legislative action and await the Governor s consideration (5 House, 6 Senate)
2 bills have been enacted in law with the Governor s signature
My View from the Capitol
Needless to say, this bill is going to be highly debated, regardless of which side of the issue you stand. The Governor has been trying to get his message out to the public through his virtual town hall style meetings. The challenge here is reaching the majority of West Virginians. Rumor has it there is very
On Wednesday, March 3, 2021, New York Governor Andrew Cuomo announced that domestic travelers to New York State who have been fully vaccinated for COVID-19 will no longer be required to quarantine or be tested upon arrival in the 90 days following their full vaccination
San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place Friday, March 5, 2021
On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.
Judge Schulman found that the plaintiffs had not met their burden of showing that they would likely prevail on the merits on the case. He concluded that Cal/OSHA’s Occupational Safety and Health Standards Board had the authority to promulgate the ETS because the COVID-19 pandemic had created an emergency. The judge held that the court was required to accord “substantial deference” to the agency’s finding of an emergency, and he declined to “second-guess” the Standards Boa
Employers may want to prepare for this shift, as people may feel emboldened to refuse to wear masks. Despite GA-34, it is important to remember the OSH Act’s General Duty Clause requires employers to furnish workers with a place of employment free from hazards that are likely to cause death or harm.
Friday, March 5, 2021
On 24 February 2021, the UK government published the draft bill for the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (the
“Regulations”), which, once in force, will require mandatory creditor approval or an evaluator report before an insolvency practitioner (
“IP”) can dispose of the company’s property by a ‘pre-pack’.
The Regulations are expected to come into effect on 30 April 2021 and we do not expect the detail in the Regulations to change significantly – but do the Regulations address concerns that stakeholders and others have expressed? To a degree, but not as far as some had hoped.
This blog sets out what an IP will need to do before a pre-pack sale can be concluded and the extent to which the Regulations have addressed concerns.