Code of Federal Regulations

  • FCA Call for Input – the consumer investments market

    On 15 September 2020, the FCA issued a Call for Input looking at areas where the consumer investments market is not working well for customers and seeking views on what changes the regulator can make to improve protections and outcomes in this market. The Call for Input is focussed on the following core questions: What... (See Article)

    Sep 18, 2020 6:32 PM

  • U.S. Labor Department Revises Coronavirus Leave Rules in Response to Federal Ruling

    On September 11, the U.S. Department of Labor issued a new temporary rule for the Families First Coronavirus Response Act (FFCRA). As we explained previously in EmployNews, a New York federal district court in August struck down the following portions of FFCRA regulations: (1) the work-availability requirement, (2) the “health care provider” exemption, (3) the requirement of employer consent for intermittent leave, and (4) the requirement of documentation prior to taking leave. (See Article)

    Sep 18, 2020 6:32 PM

  • CA governor signs legislation extending job-protected family leave

    On September 17, the governor of California signed legislation that “ensures job-protected leave for Californians who work for an employer with five or more employees to bond with a newborn, care for a seriously ill family member, address a military exigency or care for their own illness.” See Press Release.

    Sep 18, 2020 5:10 PM

  • 8th Circuit Court vacates sentence of defendant who rejected plea deal after comments from district court judge

    On September 10, the 8th Circuit Court of Appeals vacated the sentence of a defendant who rejected a plea deal after the district court judge suggested in the face of a plea offer that the defendant would "probably" get a more lenient sentence if he went to trial. The Court noted that it had “no doubt that the court was trying to help, but it was not its job to advise [the defendant], and its comments were inappropriate. Commenting on the sentencing practices of another judge and making disparaging remarks about the federal system harms the ‘public reputation of judicial proceedings’” See Decision.

    Sep 18, 2020 4:53 PM

  • Plant-based food producers sue state in federal court to block disclaimer requirement

    Burgers, hotdogs, meatballs, jerky, sausage, chorizo, bacon and corned beef are among the products that will be defined as meat in Oklahoma on Nov. 1 when the Sooner State’s “Meat Consumer Protection Act” becomes law. The Act prohibits sellers of plant-based foods from using “meat terms” to describe their foods without disclaimers in the “same size... (See Article)

    Sep 18, 2020 4:33 PM

  • Recent Dismissals of COVID-19 Lawsuits Provide Lessons for Businesses Reopening

    It has been over six months since the World Health Organization (WHO) declared the COVID-19 outbreak a global pandemic. We are starting to gain insight into how courts will rule on critical pandemic-related questions, with early rulings highlighting the difficulties in bringing a lawsuit over exposure to the virus. (See Article)

    Sep 18, 2020 4:32 PM

  • COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees

    On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (“AB”) 1867. AB 1867 amends the Labor Code and requires, among other things, that private employers with 500 or more workers (i.e. those that are excluded from the Families First Coronavirus Response Act) provide COVID-19 supplemental paid sick leave beginning September 19, 2020. (See Article)

    Sep 18, 2020 4:32 PM

  • Late Summer Legislative Update

    On August 31, 2020, California’s legislative session closed with a flurry of bills—the majority driven by COVID-19. These bills have been sent to the governor, who now has until the end of September to sign them into law or allow them to become law without his signature. Below are three key bills that we expect the governor to sign, or otherwise allow to become law. These bills will also be addressed in our forthcoming annual legislative update. We highlight them here because they all represent substantial shifts in current law, and employers may wish to begin preparing sooner rather than later to assess any potential impacts.   (See Article)

    Sep 18, 2020 4:32 PM

  • Maryland’s New Employment Laws and How to Implement Them in Your Workplace

    For those who may have missed it during a pandemic summer, on May 7, 2020 Governor Hogan allowed hundreds of Maryland bills to become law, some of which will have direct implications on employers. A summary of the employment related laws, along with recommendations on how employers can implement them in the workplace, is provided in Miles & Stockbridge’s June 8, 2020 publication titled “Maryland Enacts Host of New Laws”. (See Article)

    Sep 18, 2020 4:32 PM

  • California Superior Court Enforces Federal Forum Selection Provision Under California Law

    In the first test outside of Delaware, a California court ruled that federal forum selection provisions enacted by Delaware corporations should be enforced so long as they are not unreasonable, meaning they do not alter substantive rights and do not direct litigation to burdensome venues.... (See Article)

    Sep 18, 2020 4:32 PM

  • Enforcement of Foreign Judgments 2021

    Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what if any amendments or reservations has your country made to such treaties? The UK is party to a number of bilateral and multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. Whether one of those treaties applies to the enforcement of a particular foreign judgment largely depends on the country from which the foreign judgment originates. For foreign judgments that do not fall within the scope of one of the treaties, the UK rules on enforcement of foreign judgment can be found in a mixture of statute and case law. Originally published in Lexology Getting The Deal Through - September 2020. Please see full Publication below for more information. (See Article)

    Sep 18, 2020 4:32 PM

  • Wrap-Up of Federal and State Chemical Regulatory Developments, September 2020

    TSCA/FIFRA/TRI - Lynn L. Bergeson, “Feeling The Pinch: Who Pays TSCA Risk Evaluation Fees?,” Financier Worldwide, September 2020: Ordinarily, government fees command little interest in corporate finance and board-level business circles. Newly imposed fees to defray the U.S. Environmental Protection Agency’s (EPA) risk evaluation of high-priority chemical substances under TSCA Section 6 are extraordinary, however, and are commanding significant interest. This article explains why. (See Article)

    Sep 18, 2020 4:32 PM

  • CFTC Report: Climate Change Poses Major Risks to U.S. Financial System

    Includes recommendations for action by SEC and other financial regulators - Last week, a subcommittee of the Commodity Futures Trading Commission issued a sweeping report addressing climate change risks, concluding that they pose both major systemic and sector/regional-level risks to the stability of the U.S. financial system and its ability to sustain the American economy.  Further, it concludes that such risks are increasing rapidly, economic incentives are misdirected and immediate action across the global financial system is required. (See Article)

    Sep 18, 2020 4:32 PM

  • How Will the Presidential Candidates’ Tax Plans Impact Income Taxes for High Net Worth Individuals and Their Families?

    The tax proposals set forth by Biden will likely result in a tax increase for high income individuals, with tax credits and other assistance for lower income individuals. The majority of the proposed legislation will impact individuals with income over $400,000. Biden’s tax proposal includes an increase in the top marginal income tax rate, taxing long term capital gains and qualified dividends at ordinary rates, capping tax benefits for itemized deductions, increased employment taxes, and a phase-out of the qualified business income deduction. (See Article)

    Sep 18, 2020 4:32 PM

  • Data Privacy + Cybersecurity Insider - September 2020 #3

    CYBERSECURITY - VA Alerting 46,000 Veterans of Compromise - The U.S. Department of Veterans Affairs Office of Management (VA) has announced that it is notifying approximately 46,000 veterans that their personal information was compromised when hackers were able to access an online application that allowed them to divert payments designated for community health care organizations that provide medical care to veterans to the hackers’ bank accounts. Please see full Publication below for more information. (See Article)

    Sep 18, 2020 4:32 PM

  • Federal Court in New York Strikes Down USDOL Regulation Concerning Joint Employment

    Earlier this year, the United States Department of Labor (“USDOL”) issued new regulations regarding joint employment under the Fair Labor Standards Act (“FLSA”). Seventeen states (including New York) and the District of Columbia subsequently filed suit in the U.S. District Court for the Southern District of New York to challenge the USDOL’s adoption of its new joint employment regulations. (See Article)

    Sep 18, 2020 4:32 PM

  • Waiting for the COVID-19 Vaccine? Don't Waste Your Time, Create a Plan Now

    Now that there is a realistic possibility that the U.S. will approve a COVID-19 vaccine in the coming months, employers face the question of whether to require employees to be vaccinated. Many employers face a similar question each year when they contemplate requiring employees to get a flu shot. (See Article)

    Sep 18, 2020 4:32 PM

  • IRS Notice 2020-65 Provides Guidance on Deferring Employee Social Security Taxes

    The US Department of the Treasury and the Internal Revenue Service have issued guidance with respect to US President Donald Trump’s August 8, 2020 Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster. (See Article)

    Sep 18, 2020 4:32 PM

  • Federal Court Rejects U.S. Labor Department's New Joint Employer Rule

    After decades of controversy, the U.S. Department of Labor issued final rules earlier this year explaining when two companies are joint employers for purposes of federal labor laws, such as wage and hour and unionization statutes. Last week, a federal district court in New York agreed with a group of state attorneys general who sued, claiming that the rule was inconsistent with the definitions of covered employers under those laws. (See Article)

    Sep 18, 2020 4:32 PM

  • Importers Seek Relief from Section 301 Tariffs on China-Based Manufacturing

    The United States has imposed tariffs on various Chinese products under Section 301 of the Trade Act of 1974, one of the principal statutes by which the United States enforces trade agreements and addresses unjustifiable burdens on U.S. commerce. The products are identified in lists known colloquially as Lists 1 to 4. Multinational companies with international supply chains have struggled to manage the financial impact of the Section 301 tariffs on China-based manufacturing, and a recent lawsuit in the Court of International Trade seeks relief. (See Article)

    Sep 18, 2020 4:32 PM

  • U.S. regulatory update on food safety to be featured in IAFP virtual meeting

    The International Association for Food Protection 2020, A Virtual Annual Meeting will feature a “U.S. Regulatory Update on Food Safety,” from Frank Yiannas, FDA Deputy Commissioner for Food Policy and Response and Mindy Brashears, Deputy Under Secretary for Food Safety of the USDA. From 9 to 10 a.m. EDT on Oct. 27 Yiannas and Brashears... (See Article)

    Sep 18, 2020 2:33 PM

  • CFPB Releases Report on COVID-19 Impact on Consumer Credit

    The CFPB recently published a report identifying key trends from COVID-19 on consumer credit use and access.  The report analyzes data provided by the CFPB’s Consumer Credit Panel, which represents a national sample of roughly five million credit records provided to the CFPB by one of three national consumer reporting agencies.  Within this sample, the CFPB examined delinquencies and credit usage for auto loans, student loans, credit cards, and mortgage loans. (See Article)

    Sep 18, 2020 2:32 PM

  • PTAB Strategies and Insights - September 2020

    The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we cover: - How the Federal Circuit treats APA challenges differently; - The Federal Circuit's recent reissue of its original March 2020 decision in Facebook v. Windy City; and - We look at two recent exemplary cases that are illustrative of current trends for petitioner estoppel... Please see full Newsletter below for more information. (See Article)

    Sep 18, 2020 2:32 PM

  • ECB – new initiative to facilitate cyber information and intelligence sharing

    On 15 September 2020, the European Central Bank (ECB) announced that members of the Euro Cyber Resilience Board for pan-European Financial Infrastructures have created the Cyber Information and Intelligence Sharing Initiative (CIISI-EU). This is a multilateral initiative which brings together a community of public and private entities. The CIISI-EU initiative is further explained in a... (See Article)

    Sep 18, 2020 12:33 PM

  • Consent Decree Allows Construction of Chabad House

     A consent decree was entered this week in United States v. Borough of  Woodcliff Lake, (D NJ, Sept. 15, 2020), ordering the Borough to grant zoning variances that will permit construction of a Chabad synagogue. The decree, citing RLUIPA, orders zoning approvals in accordance with a site plan approved in the settlement of a parallel private... (See Article)

    Sep 18, 2020 10:32 AM

  • Neutrality and Labor Peace Agreements - When Its Unlawful for an Employer to Be “Too Neutral” as to Union Organizing Under the NLRA

    Unions have long sought to avoid the NLRB’s election process, relying instead upon so-called “neutrality” agreements to obtain initial recognition by employers and legally enforceable rights to represent and bargain on behalf of previously unrepresented employees. Although truly neutral pre-recognition “neutrality agreements,” i.e. those calling for an employer to be neutral on the subject of unionization and little more, are lawful, many such agreements go beyond mere neutrality and venture into actual employer support of organizing... (See Article)

    Sep 18, 2020 10:32 AM

  • Taxpayer Appeals Loss in Rare Constitutional Challenge to Composite Return Statute

    Cases challenging the constitutionality of state pass-through entity (PTE) nonresident owner withholding or composite return statutes are extremely rare. However, a recent Alabama Circuit Court decision, Black Eagle Minerals, LLC v. Alabama Department of Revenue, Case No. CV-2018-900328.00 (Cir. Ct. Montgomery County, Ala., July 27, 2020), highlights why such challenges may be more common when PTE composite returns are mandatory... Originally published by Bloomberg Tax - September 15, 2020. (See Article)

    Sep 18, 2020 10:32 AM

  • US Executive Branch Update – September 11, 2020

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. 8:00 a.m. EDT – THE PRESIDENT and THE FIRST LADY depart Joint Base Andrews en route to Johnstown, PA... (See Article)

    Sep 18, 2020 8:33 AM

  • Tax Controversy Coronavirus Developments: Court, Federal and State-by-State Updates

    In response to the Coronavirus (COVID-19), the tax controversy group has put together a chart detailing tax controversy-related developments as they arise. (See Article)

    Sep 18, 2020 8:33 AM

  • CFPB Summer 2020 Highlights looks at consumer reporting, debt collection, deposits, fair lending, mortgage servicing, and payday lending

    The CFPB has released the Summer 2020 edition of its Supervisory Highlights.  The report discusses the Bureau’s examinations in the areas of consumer reporting, debt collection, deposits, fair lending, mortgage servicing, and payday lending that were completed between September 2019 and December 2019. Key findings are described below. Consumer reporting.  CFPB examiners found: One or... (See Article)

    Sep 18, 2020 8:33 AM