Written by Susan Kohn Ross On May 30, 2024, the USTR published in the Federal Register its decisions regarding the existing China 301 tariffs. See here. There are four (4) annexes to consider. Annexes A and B list products where the extension will be extended to June 14, 2024 and expire thereafter. Annex C products will be extended to May 31, 2025, and Annex D … Continue reading U.S. Trade Rep. Actions re Existing 301 Exclusions
Written by Su Ross When the USTR Report was published, the question was when will the official Federal Register notice appear? We now know it is May 28, 2024 and can be found here. What we also know is USTR has invited comments from interested parties which are due no later than June 28, 2024. The Federal Register notice starts on Page 46252. The relevant … Continue reading China 301 Tariff Update
Written by Gary M. McLaughlin, Jeremy Mittman, and Sandra Hanian Earlier this month, the California Supreme Court unanimously held in Naranjo v. Spectrum Security Services, Inc. that an employer’s good-faith belief that it provided complete and accurate wage statements bars statutory penalties for a knowing and intentional failure to comply with wage statement requirements under California Labor Code Section 226. Background Gustavo Naranjo worked as a … Continue reading California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements
Written by Stacey Chuvaieva On May 17, Colorado Governor Jared Polis signed into law a comprehensive AI bill, SB205, titled “Concerning Consumer Protections In Interactions With Artificial Intelligence Systems” (“AI Act”). The new law imposes new regulations and extensive disclosure requirements upon those who develop and deploy “high risk artificial intelligence systems.” The AI Act will go into effect on Feb. 1, 2026. Applicability. Just … Continue reading Colorado Adopts Comprehensive AI Act Imposing Broad Disclosure Requirements
Written by David Wheeler Newman The Uniform Prudent Management of Institutional Funds Act (UPMIFA), adopted in 49 states, provides guidance to charitable organizations concerning the management and investment of charitable funds. Prior posts (Understanding UPMIFA: Delegation of Management and Investment of Endowment Funds and Understanding UPMIFA: Important Endowment Concepts) focused on UPMIFA standards for determining the endowment spending rate and rules for delegation of management … Continue reading Understanding UPMIFA: Fiduciary Issues with Mission-Related Investing
Written by Samantha W. Frankel On May 9, 2024, the U.S. Supreme Court issued a 6-3 ruling in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. —-, 2024 WL 2061137 (U.S. May 9, 2024), resolving a circuit split over whether copyright law’s three-year statute of limitations bars a plaintiff from recovering all monetary damages suffered from inception even though the plaintiff discovered the … Continue reading Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages
Written by Jeremy Mittman and Aharon Kaslow Late last month, the U.S. Department of Labor (DOL) announced that it would be increasing the salary levels for certain employees to qualify as exempt from minimum wage and overtime payment obligations under the federal Fair Labor Standards Act (FLSA). The new rule applies to employees who are subject to either (1) the “executive, administrative, or professional” (EAP) … Continue reading U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold
Written by Gregory J. Hessinger, Jonathan M. Turner, and Eric D. Engelman The Federal Trade Commission (“FTC”) issued its long anticipated final rule imposing a prohibition on virtually all non-compete agreements for all employees. The final rule follows the FTC’s proposed rule published in January 2023. The FTC’s rule banning most non-compete agreements will likely become effective in early September 2024 as the rule is … Continue reading FTC Issues Final Rule Banning Most Non-Compete Agreements
Written by Jeremy Mittman and Thea Rogers On April 19, New York officially became the first state to enact legislation requiring employers to provide pregnant employees with a bank of protected paid prenatal leave. Importantly, an eligible employee’s paid prenatal leave bank is separate and distinct from already-required paid sick and safe leave bank and paid family leave bank (as well as any unpaid leave … Continue reading New York Becomes First State to Implement “Paid Prenatal Leave” for Employees
Written by Deeba Fahami The United States Citizenship and Immigration Services (USCIS) has recently implemented new final rules that have greatly impacted the business immigration landscape. Effective February 26, 2024, premium processing was adjusted to reflect inflationary increases from June 2021 through June 2023.[1] USCIS also introduced a new Fee Schedule, new fees, and other immigration changes which took effect on April 1, 2024.[2] Premium … Continue reading 2024 Updates to Key Business Immigration Policies
MSK Blog 