Legal Updates

EU Level Legislation on ESG and Sustainable Financing

Entered into force in late 2019, the amended Benchmark Regulation established the EU Climate Transition Benchmarks, EU Paris-aligned Benchmarks and sustainability-associated disclosures for benchmarks. These amendments aim to ensure that the labels ‘EU Climate Transition Benchmark’ and ‘EU Paris-aligned Benchmark’ are well grounded and easy for investors across the Union to recognize. Also, it aims that only benchmark administrators that comply with the requirements laid down therein should be eligible to use those labels when marketing EU Climate Transition Benchmarks and EU Paris-aligned Benchmarks in the European Union.

Benchmark administrators, except of administrators of interest rate and foreign exchange benchmarks, are obliged to disclose in their benchmark statement whether or not their benchmarks or families of benchmarks pursue ESG objectives and whether or not the benchmark administrator offers such benchmarks. Read more…

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FTC Proposes to Sweep Away All Noncompetes in Unauthorized Federal Power Grab

Our colleagues Erik W. Weibust, Peter A. Steinmeyerand Stuart M. Gerson co-authored an article in the Legal Backgrounder, published by the Washington Legal Foundation, titled “After 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetes in Unauthorized Federal Power Grab.”

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An “Owner Occupant” Home Insurance Requires Actual Occupancy by the Owner

On December 20, 2022, in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2022 QCCA 1739, the Court of Appeal maintained the Superior Court judgment which was the topic of our bulletin of June 17, 2021 (Homeowner Insurance Policy: The Importance of Living in the Insured Dwelling).

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New Jersey Employers Face New WARN Act Burdens Soon

The wait is over. On January 10, 2023, New Jersey Governor Phil Murphy signed bills S3162/A4768 into law thereby making April 10, 2023 the effective date for the sweeping amendments to the state’s WARN Act  (“NJ WARN Act”), which had been placed on hold for three years due to the pandemic.

With the pause lifted, the new, and some would say Draconian, provisions will kick-in in less than three months.

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Ring in 2023 with an Internal HR Compliance Audit

January is a month notorious for resolutions. It is thus the perfect time to plan for the year ahead, which should include considering whether your organization is compliant with its legal obligations as you head into 2023.

Below is a simple checklist outlining certain legal requirements that apply to most workplaces in Ontario. This list has been created to assist your organization to determine whether it is compliant as it heads into 2023.

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NY Warehouse Workers Protection Act Requires Employer Disclosure on Mandated Work Speed and Quotas and Offers Protection for Employees

On December 21, 2022, NY Governor Kathy Hochul signed into law the Warehouse Worker Protection Act (“the Act’), which will be effective February 19, 2023. As noted in Governor Hochul’s press release announcing the Act, a major driving force behind the legislation was organized labor, including the Teamsters and the Retail, Wholesale and Department Store Union.

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9 notable provisions from the SECURE 2.0 Act of 2022

On December 29, 2022, President Joe Biden signed the Consolidated Appropriations Act of 2023 into law. At over 4,000 pages the Act included the SECURE 2.0 Act of 2022 (SECURE 2.0), a sprawling collection of 92 retirement plan-related provisions that build on the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE ‘19). There are changes intended to encourage plan-sponsorship and provide additional opportunities to save, changes that (in practical terms) will increase and others that will (hopefully) reduce administrative burdens, and changes that raise revenue. Some changes are effective immediately, some in the next few years, and others that will not take effect for many years (if ever).

Click here for highlights and perspective on 9 provisions that may be of interest to employers.

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Podcast: 2023 Health Policy Outlook – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:   With the recent midterm elections changing the composition of Congress, and the Biden administration’s first opportunities to advance its policy priorities from the very beginning of the rulemaking process, what are the key health care developments to watch out for in 2023?

Epstein Becker Green attorneys Ted Kennedy, Jr.; Alexis Boaz; and Philo Hall discuss the current landscape of health care policy from both the legislative and regulatory perspectives and analyze which key health care issues may arise.

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Newsletter – December 2022

I. EDITORIAL – LAW ON MAJOR OPTIONS 2022-2026; STATE BUDGET FOR 2023

The month of December was characterised, at the legislative level, by the publication of Law no. 24-C/2022, of December 30, which determines the Major Options for 2022-2026 and of Law no. 24-D/2022, of December 30, which approves the State Budget for 2023. Read more…

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FTC Enforcement Actions Stake Out Aggressive New Position on Post Employment Non-Compete Agreements

“Practices that three unelected bureaucrats find distasteful will be labeled with nefarious adjectives and summarily condemned, with little to no evidence of harm to competition. I fear the consequences for our economy, and for the FTC as an institution”

 – FTC Commissioner Christine S. Wilson

The Federal Trade Commission (“FTC”) started 2023 with a bang. In addition to issuing a proposed Rule that would ban post-employment noncompetes nationwide, the FTC announced that it had settled two previously undisclosed enforcement actions and entered into proposed consent orders with three employers based on a novel legal theory.  According to the Complaints filed in each action, the FTC contends that the defendant employers’ use of broad post-employment non-compete agreements constituted “unfair methods of competition” in violation of Section 5 of the FTC Act. Unfortunately, the timing of the announcement of these enforcement actions—one day before announcing the proposed rule—seems intended to discourage employers from challenging the FTC’s authority to issue rules banning, or otherwise regulating, noncompetes, and to intimidate the business community.

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