DE Under 3: New NLx Job Count Record; Fifth Circuit Court of Appeals Big Strike Down; OFCCP’s Latest CSAL
On July 23, 2024, California’s “Heat Illness Prevention in Indoor Places of Employment” regulation went into effect. The new regulation applies to most California workplaces where indoor temperatures reach 82°F or higher, and...more
On July 24, 2024, California’s Department of Industrial Relations (DIR) announced that the Indoor Heat Illness Prevention regulation, which the Cal/OSHA Standards Board unanimously approved on June 20, 2024, would take effect...more
As discussed here, in March 2023, the California Department of Financial Protection and Innovation (DFPI) proposed new regulations under the California Financing Law that would interpret the definition of “loan” to include...more
Keypoint: Based on the appellate court’s ruling, the new CCPA regulations are enforceable immediately instead of on March 29, 2024. On February 9, 2024, a three-judge panel of the California Court of Appeals issued an...more
Monday, October 16, 2023: New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases - Former Labor Secretary Walsh Reversed Previous ARB/ALJ Rulings Last...more
A DC Circuit Court of Appeals challenge to a recent Financial Industry Regulatory Authority (FINRA) enforcement action brings into question whether FINRA should be held accountable to constitutional restrictions on state...more
Keypoint: Enforcement by the California Privacy Protection Agency of the new CCPA regulations will be delayed until March 2024, but the Agency can still enforce the CCPA statutory changes as of July 1, 2023....more
Keypoint: The Board advanced the modified proposed CPRA regulations with the goal of submitting final regulations to the Office of Administrative Law by year end....more
The Federal Trade Commission's (FTC's) in-house administrative law judge (ALJ) has handed the FTC a loss in its suit to reverse the completed acquisition of GRAIL, Inc. by Illumina, Inc. This is the FTC's second high-profile...more
In this edition of DE Under 3, John and Candee dive into the details of NLx’s record-breaking 4 million daily job count, the Fifth Circuit Court of Appeal’s strike down of U.S. SEC’s administrative law judicial system, and...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
On January 21, in Kyocera Senco Industrial Tools Inc. v. ITC, the Federal Circuit found that the patent owner’s expert witness on infringement was unqualified under the definition of the level of ordinary skill in the art...more
A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor...more
The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether...more
The California attorney general released a fourth set of proposed modifications to the California Consumer Privacy Act regulations; notable regulatory changes include a new opt-out button for websites and an offline notice of...more
California employers must now comply with a new set of emergency coronavirus (COVID-19) prevention regulations, which include a written prevention program, requirements for outbreaks and major outbreaks, and prevention...more
This week, California’s Office of Administrative Law (OAL) approved Cal/OSHA’s emergency COVID regulations, making them effective immediately. ...more
On 11/30/2020, the Office of Administrative Law (OAL) approved Cal/OSHA’s proposed temporary emergency regulations regarding COVID-19 prevention and outbreaks. These regulations are effective immediately and are located in...more
On November 19, 2020, over the vigorous objections of several employers, trade associations, employer agencies, and defense counsel, the California Occupational Safety and Health Standards Board voted unanimously to pass the...more
1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more
California recently approved the final regulations to the California Consumer Privacy Act (CCPA), which took effect August 14, 2020. This article highlights some of the most notable changes to the final regulations and...more
The California state attorney general issued a press release on August 14 stating that the Office of Administrative Law (OAL) has approved the California Department of Justice’s regulations regarding the California Consumer...more
On Friday, the California Attorney General issued the final implementing regulations for the California Consumer Privacy Act (CCPA). The final regulations—which had been under review by the California Office of Administrative...more
The California Attorney General’s Office (California AG) submitted final proposed regulations (Regulations) under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (CA OAL) on June 1,...more