On February 1, 2022, the U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) officially launched its new contractor certification portal. Covered federal government contractors and subcontractors are required to use the contractor portal to register and certify that they are meeting the requirement to develop and maintain annual affirmative action plans (AAPs) pursuant to Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Under those laws, supply and service contractors and subcontractors with 50 or more employees and a qualifying government contract or subcontract (valued at $50,000 or more under EO 11246 and Section 503; $150,000 or more under VEVRAA) must develop and maintain AAPs within 120 days of the commencement of a contract, and must update their AAPs annually. Contractors with functional AAPs also are required to certify compliance.
The California Court of Appeals has allowed an employee’s wrongful death case for her husband’s death from COVID-19 to proceed against her employer, concluding the claim was not barred by the California’s Workers’ Compensation Act (WCA).
On December 17th, 2021, Australia and the United Kingdom signed a new free trade agreement marking the most comprehensive and ambitious free trade agreement that Australia has enacted to date (outside of its relationship with New Zealand).
New obligations under amendments to the Illinois Equal Pay Act, passed by the Illinois General Assembly and signed by Governor J.B. Pritzker last year, take effect on March 24, 2022. As covered in our previous Alert, private businesses with more than 100 employees must obtain equal pay registration certificates from the Illinois Department of Labor (IDOL) between March 24, 2022, and March 23, 2024, and every two years thereafter.
A new Colorado law, effective March 1, 2022, will make violations of the state’s noncompetition statute a Class 2 misdemeanor punishable by 120 days in jail, a fine up to $750, or both.
New York City has passed a new law requiring that job postings state a minimum and maximum starting salary for any advertised job, promotion or transfer opportunity. In other words, the law applies not only to external postings, but also to internal postings for promotion and transfer opportunities.
The pro-union majority of the National Labor Relations Board appears to be moving to fulfill President Joe Biden’s campaign promises to make it easier for unions to organize employees and increasing the number of employees who can be represented by a union. The NLRB’s positions on micro-units, the definitions of “independent contractor” and “joint employment” are under review and almost certain to change… again.
On January 13, 2022, the U.S. Supreme Court issued two rulings on COVID-19 vaccine mandates that immediately impact employers throughout the country.
The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”
The Financial Industry Regulatory Authority (FINRA) in November 2022 released a targeted exam letter pertaining to communications for crypto products and services.
It has been a long and heated debate as to whether NFTs and certain cryptocurrencies can be deemed as securities under applicable laws and precedents.
In a prior post, we wrote about the importance of reviewing the terms governing the sale of an NFT to determine what rights, if any, are included in the sale in order to commercially exploit the asset associated with the NFT, and the confusion that emerges in interpreting such terms through the lens of copyright law.
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