On August 20, 2024, a judge in the United States District Court for the Northern District of Texas entered an order prohibiting the Federal Trade Commission (FTC) from implementing a new rule that would have prohibited employers from enforcing non-compete agreements for the vast majority of employees in the United States as of September 4, 2024 (see our prior analysis of that rule here ...
On 29 July 2024, the UAE enacted Federal Decree Law 9 of 2024 (theAmendment) introducing some significant changes to Federal Decree Law 33 of 2021 (theLabour Law), UAE’s principal legislation on employment. The Amendment replaces Article 54 of the Labour Law pertaining to individual labour disputes, and, Article 60 of the same law which sets out the penalties applicable for certain violations by employers. The Amendment comes into force on 31 August 2024 ...
China's pharmaceutical industry is witnessing a notable surge in "pipeline spin-off projects", a model commonly referred to as the "Spin-off-NewCo" or "SON" model. Within the past two months, we've been advising on nearly ten SON projects. Leading pharmaceutical companies in China are more frequently adopting the SON model to separate parts of their pipelines into new, independent companies ...
August 14, 2024 By: Wendy Lee A little more than a year ago, on July 23, 2023, the Washington My Health My Data Act (WMHMDA) was passed into law. The law originally went into effect on March 31, 2024, however the compliance deadline for small businesses was June 30, 2024. This law was passed as a reaction to the Dobbs v. Jackson Supreme Court ruling and was designed to protect consumer health data ...
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime Eligibility A U.S ...
Marriage and civil partnership discrimination occurs when someone is treated unfairly or differently because of their marital status. We explore the causes, effects, and legal implications for employers of this form of discrimination in the workplace ...
On August 1, 2024, the Department of Justice (“DOJ”) rolled out its Corporate Whistleblower Awards Pilot Program after announcing the initiative in March. Described as “[s]upercharging DOJ’s corporate investigations and prosecutions,”[1] the Pilot Program dramatically expands the pool of would-be whistleblowers and underscores the importance of robust compliance and reporting programs ...
On July 30, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will conduct a second round of the H-1B Cap Lottery to supplement the registrants from the April 2024 selection. This means that foreign nationals who previously registered, but were not selected in this year’s H-1B lottery, have an additional chance. If selected from this supplemental second round, winners will be allowed to submit H-1B petitions for FY 2025 ...
State Duma passes law on anonymization of personal data in second and third readings The law provides for the creation of a ****state information system**** with ****anonymized**** PD (“PD”). The PD ****operator**** (****employer****) will be obliged to anonymize processed data (e.g ...
Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was passed on June 20, 2024, introducing anti-replacement-worker provisions to the Canada Labour Code. While anti-replacement-worker legislation has existed in Quebec since 1977, nothing of the sort existed for federal jurisdiction employers ...
July 31, 2024 By: Thomas O'Connell “It’s Monday, April 7, 2014. It is a cool, mostly cloudy morning at an independently owned and operated McDonald’s in Los Angeles, California. That day, two employees allegedly “engaged in concerted activities with other employees for the purposes of mutual aid and protection, by discussing a disciplinary incident with co-workers ...
You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the proper procedures to perfect the lien and obtain a judgment in your favor, you may force the sale of the property to collect on your judgment (see Ala. Code § 35-11-226). This article focuses on the procedural basics of Alabama’s lien law ...
After a two-and-a-half-year legislative process, the EU’s Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) was published in the EU Official Journal on 5th July 2024, marking a paradigm shift in corporate sustainability. In recent years, companies have increasingly faced societal and legal pressures to adopt more sustainable business practices, typically centered around environmental protection ...
By: Matthew T. Drenan, Charles F. Whitman, & Alicia A. Belock As temperatures continue to rise these upcoming weeks, employers take heed of pertinent health and safety laws to ensure workplace compliance. In anticipation of further shifts in the regulatory landscape favoring additional worker protections, we take this opportunity to review existing and imminent regulations during times of extreme heat ...
Reminder It is ****illegal**** for a company to ****refuse**** to provide ****benefits**** (e.g., ****voluntary medical insurance****) due to an ****employee's failure**** to provide ****consent**** to the processing of personal data.This was the conclusion reached by the 3rd Cassation Court of General Jurisdiction in ****Resolution No. 88-1047/2024 dated 15 January 2024**** ...
Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the trade secrets the owner seeks to protect. In early 2023, Insulet Corp. sued EOFlow Co. in the District of Massachusetts for misappropriating trade secrets supposedly obtained from employees EOFlow hired away from Insulet years earlier ...
Three months ago, the Federal Trade Commission (FTC) adopted a final rule to broadly ban employers from enforcing non-compete clauses against employees. In the weeks following the announcement, three lawsuits have been filed contesting the agency's authority to enact and enforce its ban on non-compete agreements. As things stand, federal courts are split and there is no nationwide injunction in place ...
On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the ?Act?) was passed. The purpose of this Act is to implement Canada?s international commitment to contribute to the fight against forced labour and child labour, and to require certain entities to report on the measures they have taken to reduce the use of forced labour and child labour ...
Quebec is currently facing a major shortage of physicians. To remedy the situation, several ministers in the CAQ government announced in early 2024 that significant changes would be implemented to reduce physicians? administrative burden. And so, on May 31, 2024, Minister of Labour Jean Boulet introduced Bill 68, An Act mainly to reduce the administrative burden of physicians ...
Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”) typically associated with wearable technologies such as smart watches ...
Texas recently enacted a new Workplace Violence Prevention law to protect healthcare employees from violence in Texas healthcare facilities. Texas also implemented a complementary notice requirement applicable to all Texas employers to encourage reporting incidents of workplace violence. Texas implements statutory protec- tions to prevent workplace violence against healthcare workers ...
Nearly two years following passage of the Inflation Reduction Act of 2022 (IRA), Treasury and the IRS released the unpublished version of the final rule (Final Rule) for compliance with the IRA’s prevailing wage and apprenticeship requirements (PWA requirements). Taxpayers seeking to claim the highest available investment and/or production tax credits for renewable energy projects must comply with the PWA requirements ...
Introduction In 2020, faced with statistics showing that nearly one in two women and three in ten men believed they had suffered sexual harassment or assault in the workplace,1 the Minister of Labour expressed its intention to help prevent and address this issue. The government began by setting up a committee to examine cases of sexual harassment and assault (the ?Committee?). Its mandate was to analyze how such cases are handled in workplaces across the province ...
July 15, 2024 By: Roger L. Scott In September of 2023, Governor Gavin Newsom signed into law Senate Bill 553, which amended Labor Code section 6401.7 and created new section 6401.9 to require employers (with few exceptions) to develop and implement a detailed workplace violence prevention plan and to train their employees in addressing workplace violence. Employers were required to comply by July 1, 2024 ...
On July 1, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule[1] outlining financial penalties, referred to as “disincentives” throughout the rule, for healthcare providers that engage in conduct that is considered “information blocking.” The 21st Century Cures Act defines information blocking as a “practice that interferes with, prevents, or materially discourages access, exchange, or use of electronic health information ...
