DOL Proposes Significant Increase to FLSA Salary Threshold: Implications for Employers and Employees

The Department of Labor (DOL) has proposed an increase to the Fair Labor Standards Act’s (FLSA) annual salary threshold from $35,568 to $55,068, according to a legal alert by Bricker Graydon LLP on JD Supra. The proposed modifications to the FLSA could significantly impact the landscape for both employers and employees across the United States…

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Expanding Special Education Eligibility: Pennsylvania Raises Age Limit to 22 under IDEA

In a move that is poised to extend special education eligibility, the Pennsylvania Department of Education (PDE) has issued a directive for local educational entities (LEAs). This initiative, effective for the 2023-24 academic year, signifies that LEAs are now required to provide a free and appropriate public education (FAPE) under the Individuals with Disabilities Education…

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Oregon House Bill 2001: How the Altered Eviction Process Affects Landlords, Tenants, and Legal Practitioners

In an ongoing effort to address issues related to residential tenancy, an important development took place on March 29, 2023, in the state of Oregon. Governor Kotek gave legal validation to the Oregon House Bill 2001 (HB 2001) by signing it into law, bringing changes to the residential eviction process in nonpayment scenarios. This legislation…

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Assessing US Foreign Portfolio Holdings and Inflation Sentiments: Key Financial Updates

In today’s financial regulation update, we highlight two significant developments made public on August 31, 2023. The U.S Department of the Treasury posted preliminary data from an annual survey focusing on U.S. portfolio holdings of foreign securities at year-end 2022. This regular survey gives insight into America’s financial dealings overseas and offers valuable data for…

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Navigating Tax Challenges in Municipal Bond Issuance: Identifying Pitfalls and Advancing Solutions

For legal professionals advising or involved with issuers of tax-exempt municipal bonds, understanding potential tax issues can be vital to a successful transaction. Sometimes, mitigating or avoiding problems begins with identifying potential pitfalls to allow for the necessary time to strategize and plan. Certain circumstances can be more prone to creating tax challenges. The objective…

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NLRB Clarifies Burden of Persuasion in Mixed-Motive Labor Cases: Intertape Polymer Decision Explained

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a significant decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023), which provides crucial clarification concerning the burden of persuasion in mixed-motive cases related to adverse employment actions. The Board revisited and clarified Tschiggfrie Properties, 368 NLRB No. 120 (2019),…

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Federal Enforcement of Information Blocking Penalties Begins, Impacting Health IT and Healthcare Providers

On September 1st, the federal government will begin enforcing penalties against entities that violate regulations aimed at prohibiting “information blocking”. This comes more than three years after the initial issuance of these rules. From this date forward, certain entities may face civil monetary penalties (CMPs) for any conduct viewed as information blocking. This update was…

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Sinclair Broadcast Group Settles for $85,000 in Disability Discrimination Lawsuit

TV broadcasting giant, Sinclair Broadcast Group, has agreed to pay a settlement sum of $85,000 resulting from a lawsuit accusing it of disability discrimination. This lawsuit was brought against them by the U.S. Equal Employment Opportunity Commission (EEOC), which unveiled the settlement terms recently. The EEOC initially lodged the charge, accusing Sinclair Broadcast Group of…

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Ransomware Attacks Escalate in Sophistication: The Urgency for Robust Cybersecurity Measures

The proliferating and concerning trend of ransomware attacks shows no signs of abating, as it becomes evident that they are advancing in both scope and sophistication. A recent incident resulted in data deletion for a majority of a cloud provider’s customers, demonstrating the increasing intensity of these cyberattacks. Reportedly, not only was the sheer number…

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California’s Delete Act: Strengthening Data Broker Regulation and User Privacy Rights

The Golden State appears poised to make alterations to its existing data broker law with Senate Bill 362, informally dubbed the Delete Act (“the Act”). Following its recent approval in the Assembly’s Committee on Privacy and Consumer Protection, the Act has been passed on to the Assembly’s Committee on Appropriations. This imminent change in legislation…

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OIRA Meetings Examine Proposed Rule to Classify Lab Developed Tests as Devices

Throughout August 2023, the Office of Information and Regulatory Affairs, Office of Management and Budget, Executive Office of the President, also known as “OIRA”, has engaged in a flurry of stakeholder meetings. The discussion of these meetings revolves around a proposed rule with the potential to significantly reshape FDA’s regulations. If implemented, the rule would…

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Navigating Fair Treatment Policy in Solicitation: Exploring the AECOM GAO Protest Implications

In a recent development, questions are being raised about the nuances of fair treatment, specifically considering if it should translate to equal discussions, following the GAO protest of AECOM Management Services. JD Supra elaborates on this topic in detail. When a solicitation for services is underway, the solicitor has the authority to demand specific requirements…

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Justice Department Secures Enhanced Language Access in Oklahoma Courts

The Justice Department has reached an agreement with the administrative staff of the Oklahoma Supreme Court to enhance resources for individuals with limited English proficiency. This marks the resolution to a complaint lodged in 2021, alleging the state’s courts were failing to provide necessary language interpretation, thereby violating the Civil Rights Act of 1964. Through…

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Holiday Island’s Waste Removal Monopoly Faces Legal Challenge Over Constitutional Violations

A complaint was recently filed in the Carroll County, Arkansas, Circuit Court, alleging that the City of Holiday Island’s monopoly on solid waste removal and temporary waste projects violates the Arkansas Constitution. Steven Hedrick and X-Dumpsters, the plaintiffs of the case, argue that a particular ordinance adopted by the Holiday Island City Council is not…

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AI Hiring Tool Disclosure Requirement: Employers Face Legal Concerns Amid Audit Mandate

The requirement for companies to disclose their recruitment and hiring technology tools, including those using artificial intelligence, is the latest change from a government contractor watchdog. However, this new requirement is causing concern amongst employer-side lawyers over the extent of the request. The Office of Federal Contract Compliance Programs’ updated supply and service scheduling setter…

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Missouri Air Regulations: Liberty Aggregates Faces AOC Over Alleged Violations

In a recent development regarding air enforcement, the Missouri Department of Natural Resources (“MDNR”) and Liberty Aggregates, LLC, (“Liberty”) have entered into an Administrative Order on Consent (“AOC”). This consent agreement has been established in response to alleged violations of the Missouri Air Regulations, which have ignited considerable discussions within legal circles. JDSupra provided insights…

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Supreme Court Ruling Redefines Consent: Personal Jurisdiction Implications for Businesses

The legal landscape around personal jurisdiction is evolving, marking considerable shifts in the interpretation of consent for lawsuits. The U.S. Supreme Court ruling on Mallory v. Norfolk Southern Railway Company has brought these developments into sharp focus. The details of the decision provide a glimpse into the nuances of consent regarding jurisdiction. A key contention…

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IRS Notice of Proposed Rulemaking Clarifies Prevailing Wage and Apprenticeship Compliance under Inflation Reduction Act

The Internal Revenue Service (IRS) has finally released a Notice of Proposed Rulemaking aimed at clarifying the prevailing wage and apprenticeship compliance requirements under the Inflation Reduction Act. This alert summarizes the key provisions outlined in the notice. One critical provision of the notice involves the identification of a qualifying project’s relevant wage determination(s). This…

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Syngenta Alleges Possible Collusion in Paraquat-Alzheimer’s Disease Study

Pesticide manufacturer Syngenta is alleging potential collaboration between a New York neurologist, plaintiffs’ lawyers and journalists regarding a scientific paper that associates the company’s weedkiller, paraquat, with Alzheimer’s disease. The suspect in question is Dr. Earl Ray Dorsey, a professor at the University of Rochester, who in an article published in 2023, linked paraquat to…

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