Search
As expected, Governor Hochul recently signed a new pay transparency law ( S.9427-A/A.10477) that will impact nearly every job posting in the state of New York. Like New York City’s pay transparency law that went into effect last year (which WISE blogged about here), employers and recruiting agencies...
The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green Guides. The issues raised in the Green Guides potentially impact any company that...
On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“ NPRM”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a typical non-compete agreement, employees agree not to work for a...
This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim based on alleged misrepresentations from an employer, another district court...
The use of artificial intelligence (AI) in health care, and specifically, as the utilization of software in medical devices continues to increase. Machine learning (ML) is a branch of AI in which computer systems automatically adapt, improve, and make predictions by applying algorithms to analyze...
New protections from discrimination are set to become a reality in Pennsylvania. On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved a proposed regulation from the Pennsylvania Human Relations Commission (PHRC) amending the definitions of sex, religious creed, and...
On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...
Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to organize, and the right to protest. Below, we briefly summarize the...
On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence needed to be eligible for liability protections under the federal superfund...
Background Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment. On November 8, 2022, the Workers’ Rights Amendment (also known as Section 25 of...
On December 7, 2022, President Biden signed into law the Speak Out Act (the “Act”), which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The Act, which was originally sponsored by Senator Kirsten Gillibrand in...
As always, the new year also brings many new employment laws for California employers. Except as indicated below, they become effective January 1, 2023. The following is a summary of state laws only. Employers need to remember that local jurisdictions frequently have higher requirements that must be...
On December 2, 2022, the Office for Civil Rights (“ OCR”) and the Substance Abuse and Mental Health Services Administration (“ SAMHSA”) within the U.S. Department of Health and Human Services (“ HHS”) issued a Notice of Proposed Rulemaking (“ NPRM”) to revise the Confidentiality of Substance Use...
Neither shots nor pills will immunize smaller medical, dental, chiropractic, and physical therapy practices, surgery centers, and other healthcare concerns from compliance with the looming (and burdensome) reporting obligations imposed on them if they are “reporting companies” under the federal...
Final regulations published on September 30, 2022 (the “final Regulations”) by the Financial Crimes Enforcement Network (“FinCEN”) of the Department of Treasury under the Corporate Transparency Act (“CTA”) grant business owners a reprieve, but not a pardon, with respect to their looming beneficial...
On November 29, 2022, the Superior Court of New Jersey, Appellate Division issued an opinion in Zuluga v. Altice USA stating a former employee must arbitrate her sexual harassment claims that arose in October 2021. In doing so, the appellate panel recognized that the Ending Forced Arbitration of...