Over the past few years, we have covered the ever-changing policies and court rulings regarding the joint employer and independent contractor standards, and the Department of Labor’s recent withdrawal of a rule regarding independent contractors is no exception. President Joe Biden’s change in staffing at the National Labor Relations Board in early 2020 was a signal of changes to come, and a New York federal court struck down key portions of the new joint employer standard introduced by the Trump administration in March 2020. An appeal is currently pending in the Second Circuit. The joint employer rule also faced challenges from a number of other states because it conflicted with the definition of “employer” and “employee” in the Fair Labor Standards Act. Read more…
Changes at the DOL regarding Trump-era rules – Joint employer standard and independent contractor classification remain in flux
Join us for this week’s rainmaking recommendation from trainer and coach, Jaimie Field.
Many conversations are being held by law firms’ management committees, which ask should we require our attorneys to come back to the office? Should we allow them to continue to work remotely? Should we institute hybrid schedules?
Llinks would like to share our views on the most recent hot topics and legal updates on the Cybersecurity, Data & Privacy with ” Llinks Client Alert – Cybersecurity, Data & Privacy(May 2021)“
May 2021 “Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements
The newly introduced Children and Teens’ Online Privacy Protection Act (CTOPPA) is aimed at overhauling U.S. privacy rules for children’s data under the existing Children’s Online Privacy Protection Act (COPPA). The bill was proposed by Senators Edward J. Markey (D-Mass.) and Bill Cassidy (R-La.) on May 11, 2021. Among other changes, the Senators’ bill proposes:
- A prohibition on collecting personal information from 13-to-15-year-old users without their consent;
- Replacing COPPA’s actual knowledge standard with a new “constructive knowledge” standard;
- A ban on targeted advertising directed at children; and
- A right of erasure that would allow parents and children to eliminate certain personal information from online platforms.
May 26, 2021 — Marcel-Olivier Nadeau is among the speakers who will be presenting the online continuing education activity on Recent developments in construction law 2021 (in French), hosted by the Bar of Quebec on Friday, June 4. He will be speaking on recent cases in insurance law applicable to the construction industry.
As readers of this blog know, no-poach and wage-fixing agreements are a current hot topic for both civil and criminal enforcement by the Antitrust Division of the Department of Justice.
Our colleague, Stuart M. Gerson has authored a helpful summary of recent history and what’s at stake regarding this topic, in an article published in Bloomberg Law: “No-Poaching Agreements, Wage-Fixing & Antitrust Prosecution.”
As featured in #WorkforceWednesday: This week, we look at the fallout from the Centers for Disease Control and Prevention’s (CDC’s) change in guidance for fully vaccinated individuals.
CDC Guidance Causes Uncertainty
In the wake of the CDC guidance removing mask and distancing recommendations for fully vaccinated people, agencies, states, and employers have adjusted in different ways. Many states, including New York, New Jersey, Connecticut, and Illinois, have updated their guidance to reflect the CDC’s recent pronouncement. But restrictions and mandates still differ widely between states and local jurisdictions. Employers are unsure of how to proceed amid the vague and frequently changing guidance.
The draft law “On amendments to Federal Law “On drugs circulation” had been already amended with a provision on the creation of a unified Register of pharmacologically active substances in 2019.
As of the date, the Federal Service for Intellectual Property has developed and created a prototype of the Register of Pharmacologically Active Substances, protected by patents for invention. At the briefing on the results of the Rospatent College in 2020 Grigory Ivliev, the head of Rospatent, stated that the launch of the Registry is scheduled for 2021.
“Innovation” is a buzzword that gets thrown around a lot these days, right up there with “disruption.” It sounds like something that’s foreign in the legal industry, but it shouldn’t be. Believe it or not, we, too, can be innovative.
We’ve all gotten excited because the pandemic has made us believe that we can now be innovative – firms that were previously stuck were forced to become fully remote in a matter of days or weeks. Most court systems are now paperless. We’re e-signing documents and discussing hybrid working. What else is on the horizon?!?
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