Monthly Archives: September 2022

New York Paid Family Leave, Increased Benefits at a Lower Contribution Rate for 2023

With the final quarter of 2022 approaching, New York employers should be aware of the changes to the New York Paid Family Leave (“Paid Family Leave”) program set to take effect in 2023. Employers can expect an increase on the weekly benefits cap, as well as a decrease in the employee contribution rate.

Beginning in 2018 and increasing in benefits over the past few years, the Paid Family Leave program provides eligible employees with up to 12 weeks of job-protected, partially-paid time off to bond with a new child, care for a family member with a serious health condition, or to provide assistance when a family member is deployed abroad on active military service. As we previously reported, New York expanded the program’s definition of “family member” to include “siblings,” which will take effect on January 1, 2023. “Sibling” includes biological or adopted siblings, half-siblings, and step-siblings.

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The Federal Trade Commission’s Five-Year Strategic Plan Unsurprisingly Includes a Focus on Noncompetes

As our antitrust colleagues explained recently, on August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010.  Readers of this blog will be interested in two small, but important, items in the Strategic Plan related to noncompete agreements.

First, under “Objective 2.1: Identify, investigate, and take actions against anticompetitive mergers and business practices,” the FTC opines that “[a]nticompetitive mergers and business practices harm Americans through higher prices, lower wages, or reduced quality, choice, and innovation. Enforcement of antitrust laws provides substantial benefits to the public by helping to ensure that markets are open and competitive.” It then identifies certain “[s]trategies” that the FTC intends to pursue over the next five years, including “[i]ncreas[ing] use of provisions to improve worker mobility including restricting the use of non-compete provisions.” It’s unclear exactly what provisions it intends to increase its use of, but nonetheless the FTC will be focused on the issue.

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California Raises the Bar on Pay Equity

The California legislature has presented S.B. 1162 (“the Bill”) to Governor Gavin Newsom. If the Governor signs the Bill into law, California will follow the lead of jurisdictions like Colorado and New York City by requiring many employers to include pay scales in job postings. The Bill would also impose pay equity reporting requirements, not just on large employers obligated to do so under federal law, but on any private employer with 100 or more employees, including those whose “employees” are hired through labor contractors. Those reports will also have to include breakdowns of aggregate data not previously collected.

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Time Is Money: A Quick Wage-Hour Tip on … Determining and Changing Workweeks

work·week | ˈwərk-ˌwēk

noun

Perhaps one of the most important terms of art under the Fair Labor Standards Act (“FLSA”), an employer’s designated workweek impacts nearly every aspect of an employee’s pay – from minimum wage and overtime to application of most exemptions. Let’s break down this concept.

What is a workweek?

The FLSA regulations define workweek as “a fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods.” Contrary to popular belief, a workweek need not coincide with a calendar week, nor must it align with an employer’s hours of operation. Instead, it can begin on any day and at any hour of the day. However, the key is that once a workweek is determined, it must remain fixed regardless of the employees’ hours worked with limited exception.

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ILN Today Post

Llinks Bulletin: Cayman Islands’ Companies (Amendment) Act, 2021 Introduces A New Corporate Restructuring Regime – Positive Implications for the Cross-border Restructuring of Chinese-invested Companies

Over the years, many Chinese companies have registered corporate entities in the Cayman Islands (“Cayman”) driven by considerations in respect of investment, financing, tax planning, trade, etc. Cayman’s legal framework has provided investing and financing opportunities for a large number of onshore companies, including facilitating Chinese companies listing on the mainstream international stock exchanges, setting up special purpose vehicles, establishing investment funds, etc. Read more…

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ILN Today Post

Torres Talks Trade Podcast Episode 15 Customs Summons, Fraud Investigations, & Recommendations

In the second of a two-part series on federal investigations within the Department of Homeland Security, host Derrick Kyle continues his discussion with former DHS Deputy Chief Counsel Rob Dunikoski. Together, they discuss what a custom summons is, custom fraud investigations, and recommendations for companies facing these types of investigations. This is the summer season finale episode of the Torres Talks Trade podcast. Stay tuned because we will be back in November for our Fall/Winter Season. For any podcast recommendations or to participate as a guest, email us at operations@torrestradelaw.com.

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Podcast: Owner’s Outlook: HCA’s Clint Russell on Health Care Construction Pricing and Innovation – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  Since the beginning of 2022, prices for construction services and materials have seen significant increases. How have these increases impacted the advancement of both new and ongoing health care construction projects?

On this episode of our Owner’s Outlook series, hear from special guest Clint Russell, Vice President of Capital Deployment – Construction and Equipment at HCA Healthcare.

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“What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan.

The application was filed in 2018, a few days after the manufacturers of valsartan had recalled numerous batches of the medication following their contamination, during the production, by two molecules identified as potentially carcinogenic.

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Video: The Union-Friendly Biden NLRB, California’s FAST Act, and Pay Transparency in California – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California.

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How to Prepare an Application for Adjudication?

Do you know about the role of adjudicators in public construction contracts? Selected under a governmental programme, they are appointed to facilitate payments to enterprises that are parties to public construction contracts and subcontracts.

Pierre Brossoit was one of the first such experts designated by the government in 2018, when the programme was only a pilot project.

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