Exemptions

News & Analysis as of

California Governor Eliminates Personal Belief Exemption for School Vaccinations

SB 277 Requires All Students to be Vaccinated, Absent a Medical Exemption - California Governor Jerry Brown has signed into law Senate Bill 277, eliminating the personal belief exemption for existing specified...more

EMIR Pensions Exemption

EMIR: Pension funds have been granted a further two-year exemption from central clearing requirements, but what difference does it make in practice? - The European Market Infrastructure Regulation (EMIR) came into...more

So You Have a 10-Page Single-Spaced Alabama Noncompete Agreement, Now What?

Employees in Alabama, like in many other places, often are required to sign employment agreements, most of which contain future restrictions on certain activities. The menu items for these agreements usually include covenants...more

Consumer and Governmental Affairs Bureau Seeks Comment on the Open Internet Order’s Small Business Exemption

On June 22, 2015, the Federal Communications Commission’s (Commission) Consumer and Governmental Affairs Bureau (CGB) sought comments on the temporary small business exemption to the 2015 Open Internet Order’s Enhanced...more

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more

Supreme Court Decides Reed v. Town of Gilbert

On June 18, 2015, the United States Supreme Court decided Reed v. Town of Gilbert, No. 13-502, holding that a municipal code subjecting signs to different regulations depending on whether the sign displayed an ideological...more

Non-U.S. Investment Funds and Managers: Regulatory Framework for Raising Capital in the United States

U.S. regulation of money managers, including non-U.S. managers, and the funds they manage is a complex regime that has changed significantly since the implementation of the Dodd-Frank Reform and Consumer Protection Act of...more

SBA's Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities

The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made...more

Plus ça change…NYDFS releases final BitLicense regulations

The New York State Department of Financial Services (NYDFS) released final BitLicense regulations on June 3, 2015, almost eleven months after the initial BitLicense proposal was issued. The initial proposal went through two...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

The New Highest Minimum Wage in the Country: Emeryville Expected to Reach $16 Per Hour by 2020

As of this week’s vote, the small California city of Emeryville, which is located in San Francisco’s Bay Area, is slated to have one of the highest minimum wage rates in the country. As expected, on June 2, 2015, the...more

Major League Baseball Is Exempt From The Antitrust Laws – Like It Or Not: The “Unrealistic,” “Inconsistent,” And “Illogical”...

The Athletics baseball team has been located in Oakland, California for many years. Several years ago, the A’s decided they would like to move their franchise to San Jose, which they anticipate would be a more profitable...more

Be Alert: Summer Working Hours

With the summer time months approaching and the temperature and humidity continuing to rise, the annual summer working time hours will soon be implemented in the GCC countries. Summers in the Middle East are well known...more

CFTC Proposes Order to Exempt Southwest Power Pool Products

Recently, the CFTC issued a Proposed Order in response to a 2013 request by the Southwest Power Pool (SPP) for exemption of certain SPP electric energy products from CFTC regulation. Scope of Exemption - The...more

Startup, Shutdown, and Malfunction — No Longer Any Automatic Exemptions or Affirmative Defenses

Last week, EPA finally responded to the Sierra Club’s petition requesting that it eliminate exemptions and defenses for excess emissions resulting from startup, shutdown, or malfunction events. EPA concluded that it needed to...more

New York City Prohibits Employers From Considering Credit History When Making Employment Decisions

On May 6, 2015, New York City enacted the Stop Credit Discrimination in Employment Act (the “Act”), which amends the New York City Human Rights Law to make it unlawful for employers to consider an individual’s consumer credit...more

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in...more

Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

The Department of Labor’s long-anticipated revisions to its Part 541 overtime exemption regulations await Office of Management and Budget review before issuance in proposed form. The new rules follow President Obama’s...more

The Financial Report - Volume 4, No. 10 • May 2015 (Global)

Discussion and Analysis - One of the earliest, and certainly one of the most famous, computers of all time is HAL 9000, the sentient computer that controls the systems of the Discovery One spacecraft and interacts with...more

CFTC Proposes to Exempt Certain Southwest Power Pool Transactions

On May 18, the Commodity Futures Trading Commission issued a proposed order in response to an application submitted by Southwest Power Pool, Inc. (SPP) to exempt certain contracts, agreements and transactions for the purchase...more

CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions...more

DOL's Proposed Best Interest Contract Exemption Could Require Dramatic Changes for Financial Institutions

The U.S. Department of Labor (DOL) has proposed a new “Best Interest Contract” prohibited transaction exemption, which is a standards-based exemption that applies to the receipt of compensation by advisers and their financial...more

Law Enforcement Data May Not Be Subject to PRA

Data collected by automated license plate readers is exempt from disclosure under the Public Records Act, a California appellate court held this week. ALPRs scan license plates visible from their position and automatically...more

Using Drones On Your Construction Project - Are You Ready?

There are many potential uses for drones in the construction industry, such as for site selection, surveying, and real-time work inspections. If you are thinking about using a drone in your construction operations, there are...more

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