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Proposed Rules Corporate Counsel Comment Period

Venable LLP

The New CMMC Rule: FAQs for Federal Contractors and Subcontractors

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The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed...more

Fisher Phillips

Immigration Officials Unveil Sweeping Proposed Changes to H-1B Visa Process: What Employers Need to Do to Prepare

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Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more

Fisher Phillips

OSHA’s Proposed Rule Would Allow Union Walkthroughs of All Worksites: Your 7-Step Survival Guide

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Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more

Fisher Phillips

3 Things Employers Need to Know About California’s Impending Indoor Heat Illness Rule

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California regulators are about to adopt a far-reaching heat illness standard for indoor work areas that will be triggered when the temperature reaches 82 degrees Fahrenheit. If adopted in its current form, the Cal/OSHA...more

Morrison & Foerster LLP

USPTO Proposed Rulemaking Could Reshape Post-Grant Practice Under the AIA

On April 21, the U.S. Patent and Trademark Office (USPTO) published an Advanced Notice of Proposed Rulemaking (ANPRM), based on a Request for Comments (RFC) published in 2020. The ANPRM sets forth a series of proposed rule...more

Venable LLP

Click to Cancel: FTC Proposes New Rule Regulating Subscription Services and Negative Option Programs with Broad Implications

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Last week, the Federal Trade Commission announced that its proposed rule replacing its Prenotification Negative Option Rule would result in new, expansive requirements for all forms of negative option offers, including...more

Cadwalader, Wickersham & Taft LLP

UK Proposes Guidance to Shield Competitor Agreements on Climate Change

The UK’s Competition Markets Authority (CMA) has issued a proposed rule, subject to public comment through April 11, 2023, that would provide guidance on the application of UK competition law to agreements between or among...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Bond Schoeneck & King PLLC

A Ban For Some, But Not All: Exception to the FTC’s Proposed Ban on Non-Compete Clauses

The Federal Trade Commission (FTC) sent a shockwave through the corporate world on Jan. 5, 2023, when it released a proposed regulation banning non-compete clauses in all but extremely limited circumstances. The proposed...more

Fisher Phillips

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

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Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more

WilmerHale

Colorado Attorney General’s Office Publishes Proposed Rules for Colorado Privacy Act

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On September 30, the Colorado Attorney General’s Office (“Colorado AG’s Office”) released proposed rules (the “Proposed Rules”) for the Colorado Privacy Act (CPA), which goes into effect on July 1, 2023. The Proposed Rules...more

Jackson Lewis P.C.

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

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For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

Benesch

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

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On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Issues Long-Awaited Proposed Wellness Program Rules

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior...more

Littler

EEOC Proposes Conciliation Procedures Rule

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The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

Snell & Wilmer

What’s in the Cloud? Proposed IRS Rules for Digital and Cloud Transactions

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The long wait is over – the Internal Revenue Service (IRS) has finally issued proposed regulations (the Cloud Regulations) addressing the tax treatment of cloud transactions. Until now, there was no guidance specifically...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Rules Codifying Procedures for Resolving Alleged Violations and Setting Thresholds For Discrimination Findings

Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would “codify the procedures that the agency currently uses to resolve potential discrimination and other material violations” and “clarify...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Holland & Knight LLP

DOL Proposes Rules for New Electronic Disclosure Safe Harbor for ERISA Retirement Plan Documents

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The U.S. Department of Labor (DOL) on Oct. 23, 2019, published proposed rules for an alternative safe harbor approach for electronic disclosure of documents that must be provided to participants and beneficiaries in...more

Bass, Berry & Sims PLC

DOL Proposed Rule on Electronic Disclosures Could Help Alleviate Costs and Burdens on Employers and ERISA Plan Administrators

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On October 23, 2019, the Department of Labor (DOL) published a proposed rule that, if finalized in its current form, would make it easier for retirement plan administrators to use electronic media to furnish information to...more

Jackson Lewis P.C.

NLRB Issues Proposed Rules To Modify Portions Of Its Election Procedures

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The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures. According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which will be published in...more

Littler

Department of Labor Releases Proposed Rule for Industry-Recognized Apprenticeship Programs

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On June 24, 2019, the Department of Labor made public its long-awaited proposed rule establishing a process for DOL to advance the development of Industry-Recognized Apprenticeship Programs (IRAPs).  On the same day, DOL...more

Parker Poe Adams & Bernstein LLP

Proposed Overtime Exemption Rules Allow Use for Bonuses or Commissions for 10% of Minimum Salary

Last week, we reported on new proposed Department of Labor regulations that would raise the minimum salary for claiming the “white collar” overtime exemptions to $35,308 per year. In addition to the new salary level, the...more

Eversheds Sutherland (US) LLP

REDIAL: 2018 TCPA Year-in-Review – Analysis of Critical Issues and Trends in TCPA Compliance and Litigation

Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more

Proskauer - Labor Relations Update

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

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