North America

Video: California Privacy Exemptions Set to Expire, Status of DOL Independent Contractor Rule, D.C. Non-Compete Notices Take Effect – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we weigh in on the upcoming expiration of California’s privacy exemptions and how employers can develop preventative policies and procedures to effectuate employee rights under the state’s laws.

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Unpacking Averages: Finding Medical Device Predicates Without Using FDA’s 510(k) Database

The motivation for this month’s post was my frustration with the techniques for searching the FDA’s 510(k) database.  Here I’m not talking about just using the search feature that FDA provides online. Instead, I have downloaded all of the data from that database and created my own search engine, but there are still inherent limitations in what the data contain and how they are structured.  For one, if you want to submit a premarket notification for an over-the-counter product, it really isn’t easy to find predicates that are specifically cleared for over-the-counter without a lot of manual work.

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A Paradigm Shift in the Protection and Representation of Persons in Vulnerable Situations

Today, on Tuesday, November 1, 2022, the Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons, Bill 18, SQ 2020, c 11, will enter into force. The Quebec legislature and the Public Curator have hailed the Act as a much needed “paradigm shift” in the protection and representation of vulnerable persons.

The main features of the Act, which was adopted in June 2020, are well known: in addition to important procedural changes relating to the implementation of regimes of protective supervision, which are of concern primary to legal practitioners, the public should be cognizant of critical developments in the representation of minors and incapable adults.

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Know Your Rights: The EEOC Issues New Workplace Discrimination Poster

It is time to update your workplace signage. On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new workers’ rights poster, which it quickly revised and re-issued on October 20, 2022. The new “Know Your Rights” poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, which had been in place for more than a decade, and it features several substantive changes.

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Time Is Money: A Quick Wage-Hour Tip on … Complying With California’s Wage Statement Requirements

California plaintiffs’ lawyers typically bring every type of wage-hour claim they can.  Increasingly, however, they have focused on one type of claim – wage statement violations.

As we have previously written about, bringing class and representative actions under California’s Private Attorneys General Act (“PAGA”) alleging that employers did not fully comply with California’s onerous wage statement laws has become a lucrative practice for the plaintiffs’ bar.  Given the flurry of litigation, it is beneficial for employers that do business in California to review their wage statements to best ensure compliance.

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D.C. Employers: Have You Complied With the Non-Compete Clarification Amendment Act?

Employers with employees in the District of Columbia have until Monday, October 31, 2022, to comply with a specific notice provision contained in the D.C. Non-Compete Clarification Amendment Act of 2022 (B24-0256) (the “Amendment”).

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On October 25, 2022, the Ontario Securities Commission announced an 18-month pilot that provides a prospectus exemption that gives Ontario investors with qualifying education or work experience access to increased investment opportunities. The exemption also gives businesses headquartered in Ontario access to a new source of capital.

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U.S. Department of Labor Proposes New Rule on Independent Contractor Status

The U.S. Department of Labor (DOL) proposed a new rule that aims to change how employers assess whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the rule will use a multi-factor economic realities test to determine whether a worker is truly in business for themselves.

How Is This Rule Different?If adopted, the proposed rule would rescind a 2021 rule that placed increased importance on two factors when assessing a worker’s status: control over the work and opportunity for profit or loss. The proposed rule would return the DOL to a traditional six-factor test, which is historically more employee-friendly. The question of whether a worker is an employee or an independent contractor would rest on whether, as a matter of economic reality, the worker is “economically dependent on the employer for work or in business for themselves.” Read more…

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Save the Date – 2022 AIPLA Trade Secret Summit

Epstein Becker Green is proud to sponsor the American Intellectual Property Law Association’s (AIPLA) 2022 Trade Secret Summit in Miami, FL on December 8-9, 2022. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities.

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Video: 2022 Pay Equity Trends and Strategies – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we’re breaking down new pay range disclosure laws emerging across the country and discussing how employers can comply with the requirements.

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