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Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v. Cantwell-Cleary Co., Inc., the Appellate Court of Maryland held that customer...
In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its dress code which resulted in banning employees from wearing certain apparel...
On January 10, 2024, the U.S. Department of Labor (“DOL”) unveiled the long-awaited Final Rule explaining when and how employers can qualify workers as independent contractors under federal law. The new Rule, which takes effect on March 11, 2024, restores and clarifies a multifactor test known as...
Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the fourth quarter of 2023. If you would like to discuss...
Minnesota Enacts Paid Family and Medical Leave Legislation The 2023 Minnesota legislative session was a busy one. From the elimination of non-competes, to changes to the Minnesota Drugs and Alcohol in the Workplace Act, to statewide paid sick and safe leave, there has been no shortage of change that...
For all “reporting companies” created or registered on or after January 1, 2024, information concerning the “beneficial owners” of the reporting company must be reported to the Financial Crimes Enforcement Network (“FinCEN”) along with information concerning “company applicants.” As a result, both...
Introduction The introduction to the final regulations issued under the Corporate Transparency Act (“CTA”) by the Financial Crimes Enforcement Network of the United States Treasury (“FinCEN”) states that, “[i]llicit actors frequently use corporate structures such as shell and front companies to...
On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...
“Company applicants” — the term may sound vague, but the identities of “company applicants” of reporting companies are just as important under the new federal Corporate Transparency Act (the “CTA”) as the identities of the beneficial owners of those companies. What You Need to Know: The era of...
What is the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance? On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”), which goes into effect on December 31, 2023, and increases the required amount of paid time off...
On September 14, 2023, the Committee on Workforce Development, a procedural committee under the Chicago City Council, voted in favor of the One Fair Wage Ordinance, legislation that would phase out tipped minimum wages within the City. Then, on October 6, 2023, the Chicago City Council approved the...
On August 4, 2023, the U.S. Department of Justice (“DOJ”) published in the Federal Register a Notice of Proposed Rulemaking (“NPRM”) on Accessibility of Web Information and Services of State and Local Government Entities. The new rules will have a great impact on public entities, including all...
On September 14, 2023, the IRS announced an immediate moratorium on processing new Employee Retention Credit (ERC) claims due to the surge in questionable or potentially fraudulent filings. According to the announcement, the pause will continue through the end of 2023. The IRS will continue to...
New York employers who pay their non-exempt, hourly employees on a bi-weekly or semi-monthly basis may need to think again based on recent court decisions interpreting the definition of “manual worker” under the New York Labor Law (“NYLL”). As explained in more detail below, the NYLL requires that...
California has long been notorious for having a law, backed by public policy, prohibiting employee noncompete provisions except in very limited circumstances. Effective January 1, 2024, it even more aggressively furthers this stance. The Legislature noted that noncompete clauses remain common in the...
Effective July 1, 2023, the Freelance Worker Protections Ordinance of the City of Los Angeles became effective, imposing new requirements on the use of independent contractors and freelance workers together with new penalties for the violation of its requirements. Its provisions apply to a written...