By Attorneys Logan Brundage, Jason Comisky, Nathan Overberg, and Jenna H.B. Sabroske Iowa’s Auditor of State, Rob Sand, recently issued a ""Best Practices’ Advisory to Governments on Working with Non-Profits” that recommends approaches for ensuring a public purpose is served when directing public funds toward a private non-profit. The Auditor’s...
On Tuesday, January 25, 2022, the Eighth Circuit Court of Appeals issued a decision in The Arc of Iowa, et al. v. Reynolds, et al., regarding the preliminary injunction previously issued by the federal District Court against enforcement of Iowa Code § 280.31. This statute generally prohibits schools from requiring...
Brad Beaman has joined the Ahlers & Cooney, P.C. law firm as Special Counsel, and is a member of both the Public Law and Private Law Practice Areas, with a focus on litigation, construction law, and procurement/contracting. As a litigation attorney, Brad serves as a legal adviser to clients counseling...
As you may know, on January 13, 2022, the United States Supreme Court issued a decision imposing a stay on enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”): 21A244 National Federation of Independent Business v. OSHA (01/13/2022) (supremecourt.gov). The effect of the Supreme Court’s decision is to...
By Attorneys Elizabeth Burnett and Kristin Cooper One of the most frequently asked questions we receive as bond lawyers is, “How long do I have to spend tax-exempt bond proceeds?” The easiest answer (and what the IRS would prefer) is “as soon as possible.” Ultimately, the answer is complex and...
As you may have heard, Iowa OSHA issued a statement late yesterday stating that it would not adopt or enforce the federal OSHA ETS (Emergency Temporary Standard) that is currently the subject of litigation before the United States Supreme Court. Accordingly, regardless of the Supreme Court’s decision on a stay,...
By Attorney Miriam Van Heukelem On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay issued by the 5th Circuit last month that temporarily delayed the implementation of OSHA’s Emergency Temporary Standard (“ETS”) that requires employers with over 100 employees to adopt, implement, and...
By Attorney Miriam Van Heukelem On May 20, 2021, Iowa law was amended to generally prohibit schools from adopting, implementing, or enforcing mask rules for employees, students, or visitors, “unless…required by…any other provision of law.” See Iowa Code § 280.31. No guidance was issued prior to December 1 by the...
By Attorneys Aaron Hilligas, Ann Smisek and Elizabeth Heffernan On Friday, November 12, 2021, the panel for the United States Court of Appeals for the 5th Circuit issued a decision temporarily halting enforcement of the OSHA Emergency Temporary Standard (“ETS”) pending adequate judicial review. This decision further ordered that OSHA...
By Attorneys Aaron Hilligas, Ann Smisek and Elizabeth Heffernan On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing. The ETS, which takes effect immediately upon publication, puts in place various requirements for employers pertaining to vaccination and...
