News & Analysis as of

De Minimus Doctrine

Morrison & Foerster LLP

CPSC Calls for an Investigation into Shein and Temu

In an open letter published on September 3, 2024, Consumer Product Safety Commission (CPSC) Commissioners Peter Feldman and Douglas Dziak called for an investigation into foreign-owned e-commerce platforms Shein and Temu to...more

Pillsbury Winthrop Shaw Pittman LLP

China Issues New Export Control Regulations on Civil-Military Dual-Use Items

The new export control regulations consolidate existing dual-use items export control regulations and aim to regulate the export of goods, technologies and services that can be used for both civilian and military purposes. ...more

Wiley Rein LLP

Biden Administration Announces Changes to De Minimis Trade Exemptions to Address Unfair and Unsafe Imports into the United States

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On September 13, 2024, the White House announced that it will take several steps to crack down on use of the “de minimis exemption” for imports of unsafe and unfairly traded goods. The de minimis exemption currently allows...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

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Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Seyfarth Shaw LLP

The De Minimis Doctrine Lives to Fight Another Day

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Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA....more

Perkins Coie

Ninth Circuit Rules De Minimis Doctrine Applies to Overtime Claims

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more

Miller Nash LLP

Make Sure the Clock Is Running: A Reminder from the Ninth Circuit

Miller Nash LLP on

Folks who attended Miller Nash’s Annual Employment Law Seminar last fall may remember a discussion about a case brought by Nevada call center workers seeking compensation for their time booting up and shutting down their...more

Seyfarth Shaw LLP

The De Minimis Doctrine Lives to Fight Another Day

Seyfarth Shaw LLP on

Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA....more

Mayer Brown

US Customs and Border Protection and Select Committee on the CCP Address De Minimis Imports from China

Mayer Brown on

On March 1, 2024, Chairman of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (“CCP”) (the “Select Committee”), Mike Gallagher (R-WI-8), issued a statement...more

Adams and Reese LLP

Long Awaited Updated Title IX Regulations Released – What Does it Mean for Your School?

Adams and Reese LLP on

On Friday, April 19, 2024, the United States Department of Education (USDoEd) released the final version (“final rule”) of its amendments to the regulations implementing Title IX. Title IX has now been significantly amended...more

Robinson+Cole Environmental Law +

PFAS Reporting Rules to Ring in the New Year

As we have previously reported, PFAS (per- and polyfluoroalkyl substances) are a class of substances coming under increasing regulatory scrutiny.  As manufacturers ring in the new year they should be aware of two new PFAS...more

Skadden, Arps, Slate, Meagher & Flom LLP

Casting a Wider Net: Further Expansion of UFLPA Enforcement

The Uyghur Forced Labor Prevention Act (UFLPA) enforcement landscape continues to evolve, as evident in several recent developments: On October 24, 2023, the Congressional-Executive Commission on China (the Commission)...more

ArentFox Schiff

NOT Letting The Chips Fall Where They May: Top 10 Ways the US Has Beefed Up Export Controls on Chinese Chips and Semiconductor...

ArentFox Schiff on

Just in case you were starting to get comfortable with last year’s massive raft of regulations on the advanced computing, supercomputer, and semiconductor industries in China, the US Department of Commerce, Bureau of Industry...more

McDermott Will & Emery

What’s Kühler Than Kühl? No Likelihood of Confusion

McDermott Will & Emery on

Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would confuse an alcohol distributer’s use of the word “kühl” with use of a similar...more

White and Williams LLP

Third Circuit Adopts Majority Approach for Determining Whether Time Spent Donning and Doffing Must Be Compensated Under the FLSA

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal...more

Tucker Arensberg, P.C.

New Supreme Court Decision Puts More Pressure on Employers Who Receive a Religious Accommodation Request

Tucker Arensberg, P.C. on

Consider this: an employee refuses to accept Sunday shifts because, under his religion, that day is devoted to worship and rest. Is his employer legally required to accommodate him? For decades, the answer was easy....more

Bracewell LLP

Fifth Circuit Expands Title VII Exposure for Employers

Bracewell LLP on

On August 18, 2023, in Hamilton v. Dallas County, the US Court of Appeals for the Fifth Circuit, sitting en banc, expanded the circumstances under which an employer can be held liable for disparate treatment under Title VII...more

WilmerHale

Supreme Court Miniseries: Religious Accommodation at Work

WilmerHale on

In the Public Interest is excited to continue our miniseries examining landmark decisions recently issued by the United States Supreme Court. The fourth episode examines the Court’s decision in Groff v. DeJoy, a case centered...more

Stokes Wagner

The U.S. Supreme Court Redefines the Definition of “Undue hardship” with Respect to Request for Religious Accommodations Under...

Stokes Wagner on

The U.S Supreme Court issued an opinion in Groff v. DeJoy redefining an employer’s obligations for religious accommodations under Title VII. The Court strayed away from the almost five-decade standard previously used and...more

Seward & Kissel LLP

SEC Proposes Amendments to the Internet Adviser Exemption

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Who may be interested: Investment Advisers - Quick Take: The SEC recently proposed amendments to modernize the internet adviser exemption in Rule 203A-2(e) under the Advisers Act, which allows specific investment advisers...more

Manatt, Phelps & Phillips, LLP

Say a Prayer for Employers: Supreme Court Expands Religious Accommodations

The Supreme Court has broadened religious accommodations in a closely watched case, clarifying the Title VII undue hardship standard for employers....more

Venable LLP

Plain Meaning or Precedent? Why Not Both?

Venable LLP on

Imagine you're crafting an argument in an appellate court. The key statute has language that favors you, but a decades-old Supreme Court case goes the opposite way. Or, from the other side, the case is favorable but the...more

Miles & Stockbridge P.C.

Supreme Court Stiffens Standard for Religious Accommodations in the Workplace: What it Means for Employers

The Supreme Court ruled unanimously last month in favor of an evangelical Christian postal worker who refused to work on Sundays due to Sabbath observance....more

Mintz - Employment Viewpoints

Employers Need to Go Further to Accommodate an Employee’s Religion

The U.S. Supreme Court recently issued a unanimous opinion in Groff v. DeJoy that effectively made it easier for employees to secure religious-based accommodations in the workplace. Prior to DeJoy, an employer could...more

Pullman & Comley - Labor, Employment and...

The Supreme Court Imposes New Obligations on Employers to Accommodate Employees’ Religious Practices

In a case decided last month, the U.S. Supreme Court made it more difficult for employers to deny employees’ requests for accommodations for their religious practices, rejecting the understanding of Title VII (the fundamental...more

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