The most recent article in Foley & Lardner’s Supply Chain Disruption Series provides background on a number of key terms and conditions for buyers and sellers in the supply chain to consider in commercial forms. Click here to...more
11/2/2022
/ China ,
Cybersecurity ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
International Trade ,
Manufacturers ,
National Security ,
PFAS ,
Proposed Rules ,
Russia ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Tax Code
A recent decision on the scope of the so-called ABC Test gives guidance to firms using independent contractors. In Tiger Home Inspection, Inc. v. Director of the Dept. of Unemployment Assistance, a Massachusetts appeals court...more
Key Developments -
The most recent article in Foley & Lardner’s Supply Chain Disruption Series shared a number of key takeaways pertaining to accurate and compliant regulatory disclosures in areas including COVID-19...more
10/7/2022
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Shortage ,
Manufacturers ,
PFAS ,
Russia ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Supply Chain ,
Sustainability ,
Ukraine ,
WTO
This news summary is provided by Foley’s Competitive Intelligence Team to inform business leaders of recent news and developments relevant to the Manufacturing Sector. ...more
9/23/2022
/ China ,
Consumer Price Index ,
Forced Labor ,
Foreign Investment ,
Goods or Services ,
India ,
Manufacturers ,
Philippines ,
Railroads ,
Semiconductors ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Unions ,
Vietnam
Key developments -
The most recent article in Foley & Lardner’s Supply Chain Disruption Series provides an overview of current issues affecting the production and supply of lithium-ion batteries . Click here to subscribe...more
9/9/2022
/ Artificial Intelligence ,
Blockchain ,
China ,
Consumer Product Safety Commission (CPSC) ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
International Trade ,
Manufacturing Facilities ,
National Security ,
PFAS ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
U.S. Commerce Department ,
Unions ,
Uyghur Forced Labor Prevention Act (UFLPA)
Key Developments -
The sixth installment of Foley & Lardner’s Supply Chain Disruption Series addresses some of the factors to consider pertaining to intellectual property licensing in supply agreements. Click here to...more
When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more
7/19/2022
/ Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Illegal Conduct ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retaliation ,
Settlement ,
Severance Agreements ,
Sexual Assault ,
State Labor Laws ,
Wage and Hour
More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to...more
7/15/2022
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
New Guidance ,
Rehabilitation Act ,
Title VII ,
Virus Testing
After roughly two years of isolation, the COVID-19 pandemic finally seems to be dissipating, which means employers across the country are starting to summon employees back to the office.
Not all employees are thrilled...more
On Monday, December 27, 2021, the National Labor Relations Board (the “Board” or the “NLRB”) issued a notice of proposed rulemaking and invited public participation in reconsidering the test for classifying independent...more
Every employer who employs at least 100 employees is anxiously awaiting the decision from the United States Supreme Court on OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS). One thing that cannot be avoided...more
Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life. The Sixth Circuit, in a 2-1 decision by a 3-member panel, dissolved the temporary stay...more
On December 8, 2021, the Texas Workforce Commission (“TWC”) sent a letter to all employers in the state of Texas setting forth its position on Executive Order GA-40.
Specifically, as we informed you on December 1, 2021,...more
On December 7, 2021, the federal district court for the Southern District of Georgia (the Court) issued a preliminary injunction preventing the government from enforcing the vaccine mandate for federal contractors and...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
If your company does business with the federal government or subcontractors of the federal government, you may have to require that your employees become fully vaccinated against COVID-19 by December 8, 2021.
On...more
9/28/2021
/ Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Joe Biden ,
Medicaid Reimbursements ,
Medicare ,
OSHA ,
Procurement Guidelines ,
Service Contract Act ,
Vaccinations
A federal court for the Central District of California in Haitayan v. 7-Eleven, Inc. has ruled in favor of franchisor 7-Eleven and against four franchise owners who claimed they were employees under California law rather than...more
Mandatory Vaccination Policies are on the Rise -
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. In the days that followed (and encouraged by President...more
8/31/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Vaccinations ,
Workplace Safety
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
Labor Management Relations Act (LMRA) ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On March 8, 2021, the CDC issued its first set of guidance/recommendations for fully vaccinated individuals in non-healthcare settings.
Under this guidance, the CDC defines “fully vaccinated” as two weeks after the...more
As we have previously discussed, last spring’s Families First Coronavirus Response Act (FFCRA) was designed to provide temporary paid leave benefits due to COVID-19 for employees of U.S. employers with fewer than 500...more
Following up on its release of a proposed rule issued in September 2020, the DOL finalized new regulations on classifying independent contractors that it suggests will provide clarity for employers. On January 6, 2021, the...more
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations
Effective November 30, 2020, Cal/OSHA approved new regulations impacting employers’ obligations to prevent workplace exposure to COVID-19 and stop outbreaks. The rules apply to all employers regardless of size unless there...more
12/4/2020
/ Cal-OSHA ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
High Risk Covid Employees ,
Masks ,
NAICS ,
New Regulations ,
Occupational Exposure ,
Personal Protective Equipment ,
Social Distancing ,
State Labor Laws ,
Virus Testing ,
Workplace Safety
At this point, employers and employees alike have adjusted to the new working environment that is COVID-19. With the number of positive cases recently on the rise, employers are growing more concerned about exposure to...more