On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme...more
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
8/12/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Online Platforms ,
Prior Express Consent ,
Privacy Laws ,
Risk Mitigation ,
Sensitive Personal Information ,
Settlement ,
Social Media ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more
8/12/2024
/ Compliance ,
Disaster Preparedness ,
Earthquakes ,
Emergency Management Plans ,
Fair Labor Standards Act (FLSA) ,
Hurricane Season ,
Natural Disasters ,
NLRA ,
OSH Act ,
Severe Weather ,
State Labor Laws ,
WARN Act ,
Wildfires ,
Work Schedules ,
Workplace Hazards ,
Workplace Safety
Twelve new state comprehensive data privacy laws are set to go into effect over the next two years as the United States continues to catch up to foreign jurisdictions like the European Economic Area (EEA), making a total of...more
On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans...more
On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued guidance putting financial regulators and employers on notice that requiring employees to sign broad confidentiality or nondisclosure agreements that...more
8/5/2024
/ CFTC ,
Commodity Exchange Act (CEA) ,
Confidentiality Agreements ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Financial Services Industry ,
Non-Disclosure Agreement ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblower Protection Policies ,
Whistleblowers
A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
On July 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published Directive (DIR) 2024-01, containing a mechanism for conciliating issues found by OFCCP during compliance evaluations through expedited...more
On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more
On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more
On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more
The Commodity Futures Trading Commission (CFTC) has joined the list of federal agencies targeting employment nondisclosure agreements and other restrictive covenants that allegedly restrict employees from making reports to...more
7/26/2024
/ CFTC ,
Civil Monetary Penalty ,
Commodities Traders ,
Commodity Exchange Act (CEA) ,
Confidentiality Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Material Nonpublic Information ,
Misappropriation ,
Non-Disclosure Agreement ,
Oil & Gas ,
Popular ,
Restrictive Covenants ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Whistleblower Protection Policies ,
Whistleblowers
The U.S. Census Bureau is seeking feedback on its plan to implement the White House’s newly adopted statistical standards for race and ethnicity data collection for federal agencies in 2027. Federal agencies must implement...more
In a major noncompete development for the Commonwealth of Pennsylvania, beginning January 1, 2025, certain noncompete agreements with doctors, registered nurses, and other healthcare practitioners will no longer be...more
On July 12, 2024, the European Union published the language of its much-anticipated Artificial Intelligence Act (AI Act), which is the world’s first comprehensive legislation regulating the growing use of artificial...more
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more
7/9/2024
/ Administrative Agencies ,
Chevron Deference ,
Department of Labor (DOL) ,
General Duty Clause ,
Heat Exposure ,
Loper Bright Enterprises v Raimondo ,
NPRM ,
OSH Act ,
OSHA ,
Regulatory Authority ,
Safety Precautions ,
SCOTUS ,
Workplace Safety
On July 1, 2024, the U.S. District Court for the Northern District of Texas refused to block the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the white-collar overtime...more
7/5/2024
/ Case Consolidation ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Legislation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
A new Minnesota law taking effect on July 1, 2024, will ban the use of nonsolicitation agreements by staffing agencies and other service providers to prevent their customers, or the companies that contract for the staffing...more
On June 28, 2024, a judge for the U.S. District Court for the Eastern District of Texas blocked the enforcement of the new U.S. Department of Labor (DOL) rule to raise the minimum salary thresholds for the Fair Labor...more
7/1/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Legislation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule...more
7/1/2024
/ Abortion ,
Chevron Deference ,
Chevron v NRDC ,
Dobbs v. Jackson Women’s Health Organization ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Reproductive Healthcare Issues ,
Standing ,
Statutory Authority ,
Title VII
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more
6/28/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
On June 28, 2024, the Supreme Court of the United States upended the 40-year-old doctrine whereby federal courts gave deference to administrative agencies’ reasonable interpretations of federal statutes. The ruling stands to...more
The U.S. Department of Labor’s (DOL) new rule to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions could be delayed as it faces multiple legal challenges, alleging...more
6/27/2024
/ Department of Labor (DOL) ,
Effective Date ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Litigation ,
Popular ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more
Employers in New York City must begin distributing a new, city-created “Workers’ Bill of Rights” poster to employees and new hires on July 1, 2024....more