Thought Leadership

DOL Releases New Rule on Worker Classification

On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.

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California Employers Face Privacy Law Requirements

Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.

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New York Proposes Regulations for AI Use in Employment Decisions

After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.

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Health Care Providers’ Role in Energy Conservation and Sustainability: A Guide to Driving Change

Health care leaders are operating in an environment of seismic change.

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New DC Law Bans Non-Compete Agreements for Employees Making Below $150,000 Per Year

A new D.C. law that takes effect on October 1, 2022, will significantly limit the ability of employers to tie their District of Columbia-based employees to noncompetition agreements.

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CA Fails to Extend Privacy Exemptions for B2B and Employment Data from the CCPA into 2023

Beginning on January 1, 2023, the California Consumer Privacy Act will apply to personal information collected by companies subject to the CCPA about their employees, job applications, and individuals at actual or prospective business customers, vendors, and suppliers.

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SEC Investigates Possible Brokerage Activities Linked to Token Listings

Following the recent filing of the SEC’s insider trading complaint against a former manager of Coinbase Global, Inc. (“Coinbase”), the SEC is now investigating Coinbase.

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SEC Enforcement Case Labels Some Cryptocurrency Tokens as Securities

In the long running question of whether cryptocurrency tokens are securities, the Securities and Exchange Commission has volleyed new claims against a former employee of Coinbase Global, Inc., alleging insider trading of securities listed on the exchange.

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CARU Determines Primark’s Advertising Furthers Negative Gender Stereotypes

The Children’s Advertising Review Unit of BBB National Programs has recommended that Primark US Corp. modify its children’s products and their associated advertising messages to not violate CARU’s recently revised Advertising Guidelines, which provide that “[a]dvertising should not portray or encourage negative social stereotyping, prejudice, or discrimination.”

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Justices Limit EPA Greenhouse Gas Emissions Regulation, Stop Short of What Observers Hoped/Feared

The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants.

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