Law As It Stood On…

Following the Tax Cuts and Jobs Act of 2017, the individual mandate penalty was reduced to $0 effective January 1, 2019. All other ACA provisions remained in effect including marketplace subsidies, pre-existing condition protections, and essential health benefits requirements.

• -Individual mandate penalty reduced to $0 (effectively repealed)
• -Premium tax credits continue for marketplace plans (100-400% FPL)
• -Pre-existing condition protections and essential health benefits maintained
• -Medicaid expansion in effect in 36 states plus D.C.

Updated ADA Standards for Accessible Design took effect, establishing specific technical requirements for accessibility in new construction and alterations. Standards addressed features like accessible routes, parking, restrooms, and recreational facilities.

• -2010 ADA Standards for Accessible Design replace 1991 standards
• -New requirements for recreational facilities including swimming pools and play areas
• -Updated scoping for accessible parking, restrooms, and sales counters
• -Safe harbor for existing elements compliant with 1991 standards unless altered

Following the Civil Rights Act of 1991 amendments, victims of intentional discrimination could now seek compensatory and punitive damages and jury trials. The burden of proof was clarified to favor plaintiffs in disparate impact cases.

• -Compensatory and punitive damages available for intentional discrimination (capped by employer size)
• -Right to jury trial in employment discrimination cases
• -Disparate impact claims codified with employer burden to show business necessity
• -Coverage extended to employers with 15+ employees and to state/local governments

After Massachusetts v. EPA, the Supreme Court held that greenhouse gases are air pollutants under the Clean Air Act. EPA was required to determine whether greenhouse gas emissions endanger public health and welfare, leading to the 2009 Endangerment Finding.

• -Greenhouse gases classified as air pollutants subject to regulation
• -EPA Endangerment Finding (2009): CO2 and five other GHGs endanger public health
• -Vehicle greenhouse gas emission standards implemented jointly with NHTSA fuel economy standards
• -New Source Review requirements applied to major GHG-emitting facilities

After the Economic Growth, Regulatory Relief, and Consumer Protection Act, the threshold for enhanced prudential standards was raised from $50 billion to $250 billion, exempting dozens of mid-size banks from the most stringent requirements.

• -Enhanced prudential standards threshold raised to $250 billion in assets
• -Community banks with under $10 billion exempted from Volcker Rule
• -Simplified capital requirements for banks under $250 billion
• -CFPB authority and Volcker Rule for large banks remain intact
• -Stress testing required only for banks with $250B+ in assets

The federal minimum wage stood at $7.25/hour. The salary threshold for the white-collar overtime exemption was $455/week ($23,660/year). Tipped employees had a federal minimum of $2.13/hour with tip credit provisions.

• -Federal minimum wage of $7.25 per hour
• -Salary threshold for white-collar exemption: $455/week ($23,660/year)
• -Tipped employee minimum: $2.13/hour with employer tip credit
• -Youth minimum wage of $4.25/hour for first 90 days of employment for workers under 20

The HIPAA Omnibus Rule finalized updated standards, expanded the definition of business associate to include subcontractors, and limited the use of PHI for marketing and fundraising without authorization.

• -Business associate definition expanded to include subcontractors handling PHI
• -Marketing uses of PHI require individual authorization
• -Genetic information added as protected health information under GINA
• -Annual penalty cap increased to $1.5 million per provision
• -Individuals may restrict disclosure of PHI to health plans for services paid out of pocket

Following the Greenspan Commission reforms, the full retirement age began a gradual increase from 65 to 67. Social Security benefits became partially taxable, and coverage was extended to new federal employees and nonprofit organization employees.

• -Full retirement age gradually increasing from 65 to 67 (for those born after 1937)
• -Up to 50% of benefits subject to income tax (later increased to 85% in 1993)
• -New federal employees and nonprofit employees covered by Social Security
• -Automatic cost-of-living adjustments (COLAs) tied to CPI

The USA FREEDOM Act ended NSA bulk collection of domestic telephone metadata. The government must now use specific selection terms for records requests. A panel of amici curiae was created to advise the FISA court on privacy matters.

• -Bulk metadata collection by NSA prohibited
• -Specific selection terms required for Section 215 record requests
• -FISA court amici curiae panel for privacy and civil liberties
• -CDR (Call Detail Records) program replaces bulk collection with targeted queries to phone companies

In Shelby County v. Holder, the Supreme Court struck down the Section 4 coverage formula as unconstitutional, effectively disabling Section 5 preclearance. Section 2's nationwide prohibition on discriminatory voting practices remained enforceable.

• -Section 4 coverage formula invalidated by Shelby County v. Holder
• -Section 5 preclearance rendered inoperative without a valid coverage formula
• -Section 2 nationwide prohibition on discriminatory voting practices remains in full effect
• -Jurisdictions formerly covered may change voting procedures without federal approval