Tag: featured

Labor & Employment

Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Written by Jonathan Turner and Eric D. Engelman In a closely watched case, the Supreme Court ruled against the National Labor Relations Board (“NLRB” or Board) and in favor of Starbucks on the question of what the NLRB must prove before it can obtain a preliminary injunction against employers prior to fully litigating allegations contained in an unfair labor practice complaint issued by the NLRB.  … Continue reading Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

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Labor & Employment

California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

Written by Jeremy Mittman and Aharon Kaslow On May 24, 2024, the California Court of Appeal held that USC’s arbitration agreement with its employee, Pamela Cook, was unenforceable.  USC requested that the court reconsider its decision, and on June 13, 2024, the Court of Appeal denied the request.  The decision in Cook v. USC, 102 Cal.App.5th 312 (2024), reh’g denied (June 13, 2024), has therefore … Continue reading California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

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Labor & Employment

PAGA: The Next Generation, Now In Wide Release for California Employers! 

Written by Jeremy Mittman and Ricky Tai It’s not very often that California enacts a labor law that is actually favorable to employers— but that very occasion happened this week, setting off early celebratory fireworks for California businesses.  On July 1, 2024, Governor Newsom signed into law significant reforms to the Private Attorneys General Act (“PAGA”), introduced under Assembly Bill 2288 and Senate Bill 92.  … Continue reading PAGA: The Next Generation, Now In Wide Release for California Employers! 

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Labor & Employment

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

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artificial intelligence, Labor & Employment

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

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International Trade, Regulatory

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

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International Trade, Regulatory

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

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artificial intelligence

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

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Charitable Organizations, Trusts & Estates

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

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Labor & Employment

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

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