New York’s new digital workplace monitoring law takes effect May 7, 2022, and amends the state’s civil rights law to require employers to provide notice of electronic monitoring to employees. It was signed into law by Governor Kathy Hochul soon after the new state whistleblower law.
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.
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.
In anticipation of the winter holiday season, New York Governor Kathy Hochul announced a new mask mandate that will apply to all businesses and venues that do not require proof of vaccination as a condition of entry.
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.
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.
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.
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 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.
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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