EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

Written by Jeremy Mittman, Thea Rogers and Ricky Tai The U.S. Equal Employment Opportunity Commission (the “EEOC”) has recently released its final workplace harassment enforcement guidance, the “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). Employers should review their workplace anti-harassment policies and training in light of the recently issued Guidance, as well as the accompanying trio of companion documents (a key provisions summary, … Continue reading EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

Written by Jeremy Mittman and Talya Seidman Cytryn Recently, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Field Assistance Bulletin (FAB) No. 2024-1 warns employers that using these technologies can run afoul of the Fair Labor Standards Act (FLSA) and … Continue reading U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

U.S. Trade Rep. Actions re Existing 301 Exclusions

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

China 301 Tariff Update

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

Colorado Adopts Comprehensive AI Act Imposing Broad Disclosure Requirements

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

Understanding UPMIFA: Fiduciary Issues with Mission-Related Investing

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

U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold

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

FTC Issues Final Rule Banning Most Non-Compete Agreements

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

New York Becomes First State to Implement “Paid Prenatal Leave” for Employees

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

Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

Written by Brandon E. Hughes In 2022, Shosh Yonay and Yuval Yonay sued Paramount Pictures Corporation, principally asserting a copyright infringement claim related to the 2022 motion picture Top Gun: Maverick—sequel to the 1986 film Top Gun.  Plaintiffs are the widow and son of Ehud Yonay, the author of a 1983 magazine article (the “Article”), which chronicled the experiences of pilots training at the Navy’s … Continue reading Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment