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Regulatory Reform Employer Liability Issues

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Spilman Thomas & Battle, PLLC

Anticipating the Impact on Employers Post-Chevron Being Overturned

On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo (Loper), overturning and eliminating the Chevron doctrineor Chevron deference, a legal principle established by a 1984 decision of...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Seyfarth Shaw LLP

The Chevron Doctrine is Dead. Long Live the Administrative State.

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Seyfarth Synopsis: Last week, the administrative state’s foundation shook as the Supreme Court overruled Chevron, holding that federal administrative agencies are not entitled to deference in interpreting statutes and that...more

CDF Labor Law LLP

Significant PAGA Reform on the Horizon: What Employers Need to Know (and Do) to Protect Themselves

CDF Labor Law LLP on

On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day.  The proposed...more

Seyfarth Shaw LLP

PAGA Paraphrased – AB 2288 and SB 92

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AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

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Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

A&O Shearman

How would the UK employment law landscape change under a Labour Government?

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After a period of legislative calm, any incoming Labour Government is poised to roll out a comprehensive reform package that would almost certainly keep HR, legal and compliance teams on their toes for the foreseeable future....more

Epstein Becker & Green

Don’t Miss the Deadline: New York City Employers Must Display “Know Your Rights” by July 1, 2024

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New York City employers, time is running out to update your bulletin boards. Local Law No. 161, which took effect January 2, 2024, requires New York City employers to display and distribute to each employee a multilingual...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

McDermott Will & Emery on

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Epstein Becker & Green

Colorado’s Historic SB 24-205 Concerning Consumer Protections in Interactions with AI Signed Into Law, After Passing State Senate...

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On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205—concerning consumer protections in interactions with artificial intelligence systems—after the Senate passed the bill on May 3, and the House of...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

Smith Gambrell Russell

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

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On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA became effective on June 27, 2023, and...more

Steptoe & Johnson PLLC

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

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On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private...more

Seyfarth Shaw LLP

NYC Council Proposes Broad Non-Compete Ban

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Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for...more

Fenwick & West LLP

The Shifting Regulatory Landscape for Level-Funded Plans: An Alternative for Group Health Insurance

Fenwick & West LLP on

In the constantly changing health insurance landscape, level-funded health plans are steadily gaining ground as a viable middle approach between fully insured health plan and self-funded health plans—arguably offering...more

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

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The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. ​​​​​​​MSHA originally published a Request...more

Conyers

Bermuda Regulatory Outlook 2024

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As we enter 2024 the myriad of regulatory changes can appear overwhelming. We are here to help and have set out below some key changes and issues that can impact Bermuda entities. Bermuda has introduced a corporate income tax...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #2

Thursday, February 8, 2024: U.S. Supreme Court Unanimously Ruled “Retaliatory Intent” Not Required to Prove SOX Whistleblower Claim - Recognizing that Congress meant the evidentiary burden-shifting framework of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

A&O Shearman

Summary of 2024 Amendments to the Equality Act 2010

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We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

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Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Spilman Thomas & Battle, PLLC

OSHA: A Look Forward into the 2024 Regulatory Agenda

There are several items at the Occupational Safety and Health Administration that should be on employers’ radars in 2024. 1. New injury reporting rules for certain industries take effect in January 2024, requiring more...more

Littler

What Would Overruling Chevron Mean for Labor and Employment Law?

Littler on

Next week, the U.S. Supreme Court will hear oral arguments in two cases asking whether to overturn Chevron USA, Inc. v. Natural Resources Defense Council. Chevron is a landmark administrative law decision. It requires courts...more

Spilman Thomas & Battle, PLLC

Supreme Court to Review Deference Standard to Federal Administrative Agency Actions in 2024

Next month, the United States Supreme Court will be hearing a pair of cases (Relentless, Inc. v. Department of Commerce and Looper Bright Enterprises v. Riamondo) that could fundamentally change whether a federal court must...more

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