On October 26, 2023, the National Labor Relations Board (NLRB) set forth its final rule on the definition of joint employers, sparking significant implications for businesses nationwide on issues of affiliated businesses’ liabilities. Consequently, employers, franchisors, and staffing agencies have important, new changes to take note of. The final rule states that affiliated businesses now…
In a significant move that is slated to positively affect the lives of health care workers in California, a new law raising their minimum wage has been enacted. As stated in a piece published on JD Supra, Governor Gavin Newsom signed California Senate Bill No. 525 (SB 525) on October 13, 2023, which progressively increases…
In the face of the ever-changing landscape of employment law, employers must keep abreast of recent developments that include religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules, among others. These changes and what they call for relevantly summarized and explored by five Ward and Smith attorneys were documented in the firm’s…
Legal professionals operating in the construction industry and related sectors understand just how integral contracts are to any project. One particular area that often receives significant scrutiny is the notice and claim procedures specified within the terms of these contracts. These procedures play a crucial role in ensuring that projects run smoothly, yet they can…
The second part of the Aerospace & Defense Insights series delves into the recently proposed Federal Acquisition Regulation (FAR) Council rules intended to combat cyber threats. These efforts are within the realm of procurement law. The impetus revolves around standardizing cybersecurity contractual requirements across Federal agencies for unclassified Federal information systems under the denomination of…
The European Union (EU) has adopted the final text of a new Directive concerning the distance marketing of financial services contracts, effectively repealing the current Distance Marketing of Financial Services Directive and shifting the consumer protection framework to the Consumer Rights Directive. The ultimate aim of this new law is to simplify existing legislation, enhancing…
In an advisory letter, Texas Attorney General Ken Paxton underscored existing state laws that prevent the government from entering contracts with entities which discriminate against energy and firearm companies or boycott Israel. The letter serves as a word of caution for any such organizations that might be contemplating entering into such contracts,according to reports. While…
Welcome to issue 17 of our ‘Government Contracts Legal Round-Up’, where we provide biweekly updates on the latest developments in government contract law. Our round-up serves to equip legal, compliance, contracting, and business executives within the world’s largest corporations and law firms with concise summaries of key developments. Like every update, we strive to bring…
The London Interbank Offered Rate (LIBOR) ceased publication on June 30, 2023, ending its near-four-decade run as the principal benchmark rate for trillions of dollars of various financial contracts. These contracts include loans, bonds, derivatives, mortgages, among other financial products. The cessation of LIBOR’s publication may lead to an increase in corporate loan costs as…
The Employee Retirement Income Security Act (ERISA), the Internal Revenue Code (IRC), and the Public Health Service Act (PHS) all contain specific provisions that impact group health plan contracts. In short, these provisions, interpreted in layman’s terms, place prohibitions on group health plans and issuers of such plans from enforcing what are colloquially known as…
In a recent development in California legal news, employers are now required to provide additional notices regarding the state’s ban on non-compete clauses in employment contracts. AB 1076, which builds upon SB 699, is set to take effect on 1st January, 2024, and mandates updates to existing employment notices. According to Fox Rothschild LLP, AB…
In a significant development in the ongoing battle against no-poach agreements, a coalition of 19 Democratic Attorneys General (AGs), spearheaded by New Jersey AG Matthew Platkin, filed an amicus brief in the U.S. District Court for the District of New Jersey. The brief supports former tax preparers for Jackson Hewitt, Inc., who found themselves disadvantaged…
In a landscape heavily impacted by COVID-19 and recent legal decisions, California employers will want to ensure they are navigating the intricacies of vacation pay and accrual in compliance with the law. An essential detail to effectively handle these situations lies in understanding a recent Ninth Circuit panel ruling. The decision, Harstein v. Hyatt Corporation,…
In a recent Oregon Court of Appeals case (“The Final Table, LLC v. Acceptance Casualty Insurance Co.”), a new perspective focused on the vital importance and intricacy of the details within insurance contracts has emerged. The case serves as a fascinating and cautionary illustration for insurance policyholders and legal professionals navigating such contracts. In this…
In a significant move, The National Labor Relations Board has released its final rule on joint employment that is bound to increase union organizing and collective bargaining efforts across the nation. As per this finalized rule, workers could find it easier to be considered employees of multiple entities for labor relations purposes. The rule has…
In the ever-evolving legal landscape of noncompete agreements, California continues to be at the forefront of employee protection policy. Just after the enactment of Senate Bill 699, which fortified California’s restrictions on these agreements and provided additional safeguards for employees, California has once again reinforced its prohibitions on noncompetes. This comes with the October 13,…
In a recent ruling by the Superior Court of Pennsylvania, an arbitration clause included in a home improvement contract was declared invalid. The basis for this decision was the contract’s failure to comply with the Pennsylvania Home Improvement Consumer Protection Act (HICPA). Case details can be found here. For legal professionals working in related sectors,…
For legal professionals working in construction law, dealing with retainage, especially on public projects, is a common challenge. In the state of Alabama, this issue can be particularly tricky. In a recent post by Bradley Arant Boult Cummings LLP, the aspects of retainage on public projects for public owners in Alabama are discussed, specifically for…
San Francisco is set to host the Blockchain and Digital Assets 2023: Key Issues for the Digital Future hybrid event on December 12th. Focusing on Blockchain, the conference aims to present an in-depth discussion about the technology’s potential to bring transformative changes across a broad spectrum of industries. Drawing attention to recent advancements and shifts…
Legitimate concerns have been raised about the impact of Israel’s current state of emergency, Operation Swords of Iron, on international companies doing business in the Middle East’s longstanding commercial hub. This crisis distinguishes itself from prior events as it has claimed the lives of approximately 1,400 Israeli citizens and enlisted about 300,000 reservists for duty,…
Legal professionals with a stake in the construction sector should mark their calendars for December 8th, 2023. An upcoming hybrid event, titled “Building Better Construction Contracts,” is set to take the stage in New York City. The event promises to delve deep into the nuances of negotiating and drafting construction contracts, areas that despite their…
With the global marketplace becoming ever more interconnected, international commercial arbitration has emerged as a prominent method for the resolution of transnational contractual disputes. However, it is apparent that international arbitration, despite its inherent merits, is frequently lambasted for being too slow, complex, and costly. And yet, these obstacles are more frequently the product of…
Interpretation of contracts under English law is subject to consistent evolvement and refinement. This process of constant adjustment helps illuminate various court cases and guides legal practitioners on the right path of action in such scenarios. Following a series of three judgements by the Supreme Court between 2011 and 2017, the general approach to the…
In a bid to enhance its renewable energy portfolio, Rhode Island Energy has recently issued an Request for Proposals (RFP) for up to 1.2 GW of offshore wind. This is the first such RFP that Rhode Island has issued since the CT-RI-MA Memorandum of Understanding (MOU) on joint procurements of clean energy was adopted. The…
The Securities and Exchange Commission (SEC) of the United States has recently turned its attention towards employment contracts, which may undermine whistleblowing activities. Specifically, they are focusing on employee confidentiality and separation agreements, legal cornerstones in many major firms which have often been considered ‘safe’ due to their longevity and presumed legal robustness. This focus…