Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice
FDA Releases Laboratory-Developed Tests Final Rule – Thought Leaders in Health Law
The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know
An In-Depth Analysis of the CFPB’s Proposed Overdraft Rule - The Consumer Finance Podcast
The FTC Takes Initiative to Stop Junk Fees
Understanding the CFPB's Proposed Digital Payments Larger Participants Rule and Its Implications for Digital Assets — The Consumer Finance Podcast
Instant Decline, Instant Relief? Unpacking the CFPB's Proposed Rule on NSF Fees — Payments Pros: The Payments Law Podcast
Redefining Banking: A Conversation on the CFPB's Proposed 1033 Rule — Payments Pros: The Payments Law Podcast
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
The FTC Announces Three Important Developments
Exploring the Future of Open Banking: A Discussion on CFPB's 1033 Proposed Rule – Crossover Episode With Regulatory Oversight Podcast – The Consumer Finance Podcast
Exploring the Future of Open Banking: A Discussion on CFPB's 1033 Proposed Rule — Regulatory Oversight Podcast
The Future of Digital Consumer Payment Applications: CFPB's Proposed Larger Participant Rule – The Consumer Finance Podcast and Payments Pros Podcast
Alternatives to Noncompetes: Intellectual Property Alternatives to Noncompetes
Employment Law Now VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)
Podcast - Insights on the FTC's Approach to Digital Health Companies
Podcast - SEC's Oversight on Cybersecurity Requirements
The FTC's Proposed Rule to Fight Impersonation Scams
CFPB's Larger Participant Rule for Consumer Payments - The Consumer Finance Podcast
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of...more
The Occupational Safety and Health Administration (OSHA) is close to finalizing a rule that will allow workers to designate a union representative to accompany an OSHA inspector during a facility walkaround — regardless of...more
Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees, during the firm’s recent In-House...more
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
Imagine a frustrated union organizer having a hard time persuading a group of employees to sign cards. That organizer will undoubtedly be delighted to learn that on August 30, the Occupational Safety and Health Administration...more
The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more
Monday, August 28, 2023: U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases - Beginning a parade of four sets of major rulings in one week, the National Labor Relations...more
DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more
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
So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more
In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more
On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more
On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling...more
In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more
OSHA recently proposed a rule which would revisit and revitalize the Obama Administration’s Fairfax Memo. Consequently, this recent proposal (RIN:1218-AD45) would likely result in more union-friendly changes to current OSHA...more
The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more
The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more
The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more
On Nov. 2, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking seeking to strengthen protections for unions in the election process. Among other things, the proposal would alter the rules...more
One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the National Labor Relations Board...more
On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more
The National Labor Relations Board (NLRB) continues its efforts to rescind anti-union rules adopted by the Trump-era Board. In proposed rules published on November 4, 2022, the Biden-Board seeks to undo rules adopted in 2020...more
In 2020, the National Labor Relations Board’s (NLRB) Republican-appointed majority adopted regulations dealing with the effect of allegations of coercive conduct on pending union elections. Those rules removed the so-called...more
On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more