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A law firm with more than 800 attorneys in offices across the United States and internationally. Evolving from a partnership of prominent lawyers in Philadelphia a century ago, the modern organization stretches from the U.S. to Europe and across Asia. Throughout this global expansion, Duane Morris has remained committed to preserving its collegial and collaborative culture. The leadership is truly unique among large law firms for helping clients prosper throughout changing economic and industry conditions.
The UK’s Financial Conduct Authority (FCA) has just ended its consultation (CP21/29) on whether and how to permit the legacy use of one-, three- and six-month sterling LIBOR from 1 January 2022 to ensure limited market disruption for certain tough legacy loans that link to LIBOR but expire after LIBOR is discontinued. The FCA will require the LIBOR benchmark administrator to publish a “synthetic” LIBOR for the duration of 2022, beyond the cessation of LIBOR panels on 31 December 2021.
New York Governor Kathy Hochul has signed into law a bill greatly expanding whistleblower protections provided under New York Labor Law § 740 that will go into effect on January 26, 2022.
On November 18, 2021, Florida Governor Ron DeSantis signed into law a statute that severely limits private-sector employers from requiring that their employees be vaccinated against COVID-19. The Legislature passed the law in a special session specifically called to address vaccine mandates and related issues. The law went into effect immediately.
On October 29, 2021, the U.S. Department of Labor (DOL) published its final rule reinstating a modified version of the “80-20” approach previously used to determine when an employer may take a tip credit for time a tipped employee spends performing nontipped duties related to the tipped occupation (i.e., only if that time did not exceed 20 percent of the employee’s workweek).
On November 22, 2021, the U.S. Department of Labor (DOL) published a final rule implementing Executive Order (EO) 14026, which mandates an increase in the minimum wage for many federal contractors and subcontractors. The final rule, issued after a four-month public comment period that followed a notice of proposed rulemaking issued on July 22, 2021, raises the federal contractor minimum wage to $15 per hour (representing a $4.05 increase from the current minimum wage for federal contractors of $10.95 per hour) and permits the Secretary of Labor to increase the minimum wage annually beginning in 2023.
The Telephone Communications Protection Act (TCPA) has long been a hotbed of consumer litigation, particularly for class actions. For many years, plaintiffs were successful in alleging that a defendant used an automatic telephone dialing system (ATDS) to call or send messages to their cellphone without first obtaining prior express written consent.
On December 2, 2021, the U.S. Department of Labor (DOL) announced that a new portal for supply and service federal contractors to verify certain affirmative action obligations will open in 2022.
New York City Mayor Bill de Blasio announced a first-in-the-nation COVID-19 vaccination mandate for private sector employees, which will take effect on December 27, 2021. He also announced that, starting December 14, 2021, the “Key to NYC” program―which requires vaccination of workers and customers at indoor dining, fitness, entertainment and performance venues―will require children ages 5-11 to show proof of one vaccine dose to enter those venues.
OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing (ETS) is now in effect. The U.S. Court of Appeals for the Sixth Circuit reinstated the OSHA ETS (which had previously been stayed by the Fifth Circuit) on December 17, 2021. OSHA then announced that for employers making reasonable, good faith efforts to comply with the ETS, it would not begin enforcing: (1) all ETS requirements other than testing until January 10, 2022, and (2) the ETS testing requirement for unvaccinated employees until February 9, 2022.
As anticipated, New York City issued guidance on December 15, 2021, addressing its new private sector vaccination mandate, as well as the recent expansion of its Key to NYC program, both discussed in our previous Alert.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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