Alerts

On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that provide guidance on determining joint-employer status under the Act. 

Even though communities are likely to reap many benefits from proposed renewable energy projects, local opposition can delay – or altogether thwart – the progress of renewable energy projects.

Headlines that Matter for Companies and Executives in Regulated Industries

Time is of the Essence: Effective January 7, 2020, New York employers who have an Employee Handbook must include in the Handbook a notice of employees’ rights to be free of discrimination and retaliation on the basis of their or their dependents’ reproductive health decisions.

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) was passed on December 20, 2019, with most of its provisions taking effect as of January 1, 2020. 

On January 7, 2020, the Administrator of the Wage and Hour Division (WHD) of the US Department of Labor (DOL) issued an Opinion Letter addressing calculating overtime pay for a non-discretionary lump sum bonus paid at the end of a multi-week training period. WHD Opinion Letter FLSA2020-1.

An importer of Giorgio Armani apparel secured victory from the Court of International Trade (CIT) in its dispute with US Customs and Border Protection (CBP) over whether the importer was required under the US customs laws to pay duties on advertising fees and trademark royalty fees as part of the va

A district court judge adopted the rarely applied “constructive submission” doctrine, which could ultimately give advocacy groups leverage over states that ignore Clean Water Act (CWA) requirements.

The USCIS has significantly changed the way it will conduct its annual H-1B lottery this year, and, although many questions remain as to the exact logistics, one detail has been confirmed. 

A U.S. Supreme Court ruling from last summer may have changed the trajectory of a high-profile pending commercial speech case. In National Institute of Family and Life Advocates v. Becerra, the Court modified the traditional commercial speech tests.

After a year plus of waiting on pins and needles, the US Department of Commerce, Bureau of Industry and Security (BIS) imposed controls on its first “emerging technology” – software specially designed to automate the analysis of geospatial imagery.

In welcome news to most anyone who supervises, employs, credentials, or is a physician assistant, amendments to California Business and Professions Code Section 3500 et seq., effective January 1, 2020, significantly simplify the supervision requirements for PAs in California.

The National Advertising Division (NAD) of BBB National Programs, Inc. has changed its filing fees effective January 1, 2020.

As federal tax incentives for wind and solar energy projects set to expire this year, project costs will increase, which is sure to impact the renewable energy market in 2020.

Last week, the Department of Labor’s Wage and Hour Division issued two field assistance bulletins, FAB 2020-7 and FAB 2020-8, aimed at supporting the US workforce during the coronavirus pandemic. Here’s what you need to know about each.

Perfluoroalkyl substances (PFAS) — long used in consumer and industrial products — have recently been in the news and the subject of increased regulatory attention, resulting in proposed and implemented regulation on both the state and federal level.

In a surprise holiday present, the State Department finally brought the International Traffic in Arms Regulations (ITAR) into the 21st century by releasing an Interim Final Rule adopting cloud computing encryption standards that the Commerce Department adopted in 2015. Well, better late than never.

In November, Google announced a plan to offer restricted data processing to ensure businesses can treat Google as a service provider under the California Consumer Privacy Act (CCPA).

The Digital Advertising Alliance (DAA) launched tools in late November that will assist businesses with California Consumer Privacy Act (CCPA) compliance, by increasing consumer control over data on all DAA participating companies through simple tools.

The Healthcare Group Purchasing Industry Initiative is providing guidance for practitioners involved in group purchasing activities in our member organizations and any part of the acute or long term care system.

New bipartisan legislation has been introduced to Congress that would authorize US Customs and Border Protection (CBP) to seize imported merchandise that infringes design patents at the US border.

An Atlanta-based entrepreneur contends that retailer Target intentionally infringed on her trademark GARNISH AND GATHER for a meal-delivery service through its adoption and use of the mark GOOD & GATHER on an in-store food brand.

Additional Fed Liquidity Infusions

Employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather need only prove that the employer discriminated with respect to compensation because of sex.

The $5 billion influencer industry is booming with an endless stream of fresh, aesthetically pleasing, and seemingly authentic figures.