Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more
Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more
5/16/2024
/ Artificial Intelligence ,
CFTC ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
EU ,
European Parliament ,
Fair Labor Standards Act (FLSA) ,
Financial Conduct Authority (FCA) ,
Hedge Funds ,
Sustainability ,
UK ,
Whistleblowers
On April 23, the Department of Labor (DOL) released a final rule raising the salary thresholds for certain overtime exemptions under the federal Fair Labor Standards Act (FLSA). See the commentary and final rule, as well as...more
5/16/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more
Non-compete provisions are receiving a lukewarm reception by the authorities on both sides of the Atlantic at the moment. With plans to make changes in the UK being actively discussed, and at a federal level in the United...more
FINRA Updates its Sweep on Social Media Influencers, Customer Acquisition and Related Information Protection -
On February 28, the Financial Industry Regulatory Authority (FINRA) provided an update for its sweep on Social...more
The National Labor Relations Board (NLRB) issued a recent decision that impacts the use of non-disparagement and confidentiality clauses in employee agreements. In the McLaren Macomb decision, the NLRB concluded that...more
3/16/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
The California State 2022 COVID-19 Supplemental Paid Sick Leave (SB 114) expired on December 31, 2022. The law, which applied retroactively to January 1, 2022, was extended by Gov. Gavin Newsom from September 30 to December...more
On January 5, the Federal Trade Commission (FTC) promulgated a proposed rule that would effectively ban all non-competes with employees and other workers (Proposed Rule). If adopted in its current form, the Proposed Rule...more
SEC Advertising Rules – Client Resource Center -
November 4 was the compliance date for the new rule governing advertising and solicitation activities by investment advisers. The new rule substantially revises decades old...more
11/14/2022
/ Advertising ,
Cybersecurity ,
Electronic Communications ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Human Resources Professionals ,
Investment Adviser ,
New York ,
Outsourcing ,
Pay Transparency ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
WhatsApp
SEC Adopts New Electronic Filing Requirements for Institutional Investment Managers and Advisers; Amendments to Form 13F -
The Securities and Exchange Commission (SEC) has adopted amendments requiring investment advisers,...more
On January 13, the US Supreme Court reinstated the stay of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard mandating that employers with 100+ employees require COVID-19 vaccination...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, the United States Court of Appeals for the Sixth Circuit, which was tasked with adjudicating nationwide lawsuits challenging the Occupational Safety and Health Administration's (OSHA) rule mandating employers...more
As stated in the Employment Litigation and Counseling Advisory, Q&A – A Closer Look at OSHA’s Vaccination Requirement for Employers With 100+ Employees, on November 6, the United States Court of Appeals for the Fifth Circuit...more
11/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, the US Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) released an emergency rule (the OSHA Rule) that will obligate all employers with 100 or more employees to require their...more
11/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
KEY POINTS -
- Effective January 1, 2022, employers will need to comply with significant new amendments to the Illinois Freedom to Work Act (the Act), a previously narrow statute restricting the use of non-competes with...more
With COVID-19 vaccinations underway across the United States, many employers are considering whether to implement a mandatory employee vaccination policy. The following Q&A presents various legal and practical considerations...more
KEY POINTS -
- Illinois Department of Human Rights (IDHR) has not issued a COVID-19-related moratorium or extension on the requirements that all Illinois employers, regardless of size: (1) provide annual sexual harassment...more
In this time of uncertainty, employers face new challenges in the areas of workplace safety, regulating employee conduct, implementing new forms of work, administering employee leaves of absence, and controlling costs through...more
Key Points -
In the wake of the rapidly escalating coronavirus (COVID-19) pandemic, President Trump signed into law the Families First Coronavirus Response Act (H.R.6201). The wide-ranging legislation enacts a number of...more
3/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Employer Group Health Plans ,
EPSLA ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
Healthcare ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration ,
U.S. Treasury
In 2018, New York State (NYS) and New York City (NYC) each adopted laws that include measures to address and prevent sexual harassment in the workplace. Among other requirements, the laws — specifically, at 201-G of the NYS...more
Effective October 31, employers operating or recruiting in New York City will no longer be permitted to seek information regarding the compensation history of their job candidates. Under an amendment to the New York City...more
Although 2017 has barely begun, the Securities and Exchange Commission (SEC) has continued to aggressively pursue enforcement actions against companies for whistleblower-related violations. As part of its initiative, the SEC...more
In a speech on April 30, 2015. Securities and Exchange Commission (SEC) Chair Mary Jo White noted that...
...more
The Defend Trade Secrets Act (DTSA), which became effective on May 11, extends federal civil protection to trade secrets and allows companies and individuals to file private lawsuits to remedy a wrongful taking of their trade...more