Proposed Changes to Fair Labor Standards Act May Impact Exempt Employee Salary Requirements

On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to revise the stipulated salary requirements under the Fair Labor Standards Act (FLSA). Aimed at updating salary and annual compensation requirements for certain employees, this proposal specifically targets those subject to executive, administrative or professional exemptions; categories commonly known…

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Germany’s “Kurzarbeit” Initiative: Adapting Short-Time Work Allowance for a Shifting Economic Landscape

One of the most instrumental measures employed by companies to weather economic downturns is the short-time work allowance, known as “Kurzarbeit” in Germany. This approach was extensively utilized in the spring of 2020 when nearly six million employees in Germany were placed on short-time work. The degree to which the German government invested in this…

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Expanding Overtime Eligibility: How DOL’s Proposed Rule Could Impact Businesses Nationwide

On Wednesday, August 30, 2023, the U.S. Department of Labor (DOL) announced a proposal aimed at increasing the number of employees eligible for overtime compensation under the Fair Labor Standards Act (FLSA). This update signifies a shift in labor law, potentially impacting businesses around the country. The proposed rule targets the classification of exempt executive,…

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Proposed Legislation Unveils Investment Tax Credits for Renewable Energy Sector

On August 4, 2023, the Department of Finance released the draft of a significant piece of legislation containing several previously announced investment tax credits. The focus of these credits is primarily the renewable and clean energy sectors. The document, which has been coined as the ‘Proposed Legislation’, features comprehensive regulations and changes pertaining to green…

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Navigating the Electrification of Transportation: Public Entities’ Evolving Role and Legal Implications

The future of the automotive and manufacturing industry is set to be electric. However, keep in mind that the electrification of the industry does not solely involve automobile manufacturers and their supply chains – there’s an increasing involvement of public entities as well. As indicated by a recent analysis by Clark Hill PLC, the electrification…

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Final Guidance for Build America, Buy America Act Boosts Domestic Content Requirements in Infrastructure Projects

The Office of Management and Budget (OMB) recently unveiled its final guidance for the Build America, Buy America Act (BABA). This comes after the act was enacted in November 2021 as a component of the Infrastructure Investment and Jobs Act (IIJA). The OMB’s guidance lays out tighter U.S content prerequisites for federally financed infrastructure ventures….

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Navigating the Escalating US Crackdown on Chinese Tech and Telecoms: Challenges and Solutions

The landscape of international tech and telecoms is witnessing profound shifts, particularly concerning China’s involvement in the U.S. market. Notably, the U.S. government has applied a multi-faceted strategy aimed at limiting the influence of Chinese technology suppliers in service of foreign policy and national security goals. The results of this approach are giving rise to…

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Navigating the Post-Pandemic Landscape: States Prepare for Medicaid Enrollment Shift

In response to the Families First Coronavirus Response Act (FFCRA) that was enacted at the beginning of the COVID-19 pandemic, states have been required to keep individuals continuously enrolled in their Medicaid programs throughout the entirety of the public health emergency (PHE). This mandate marked a shift from the previous policy, which stipulated states to…

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California’s Climate Accountability Initiative: Impending Legislation May Transform Business Landscape

Climate change is increasingly shaping legislation and, as such, impacting businesses on a global scale. In California, a significant development is unfolding. A confidential committee within the state’s legislature is anticipated to move forward this week on two Senate bills packaged as part of the Democrats’ Climate Accountability initiative, introduced earlier this session. This powerful…

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Cryptocurrency Regulation Intensifies: Understanding Proposed Tax Reporting Changes for Digital Assets

In response to a provision in the 2021 Infrastructure Investment and Jobs Act, the Department of the Treasury and the Internal Revenue Service (IRS) have issued proposed regulations affecting transactions involving cryptocurrency and other digital assets. New tax reporting requirements have been outlined for digital asset brokers, a change aimed to take effect from the…

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HHS Recommendation Signals Potential Shift in Federal Cannabis Classification: Implications for Legal Professionals

In an unprecedented move, the U.S. Department of Health and Human Services (HHS) recently cast its recommendation for the reclassification of cannabis from Schedule I to Schedule III of the Controlled Substances Act. This potential shift, analysed in detail by Benesch, could signify the initial steps toward federal legalization and bear significant implications for legal…

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FCPA Opinion Release Clarifies Legitimate Expenses for Foreign Officials

The United States Department of Justice’s Opinion Release procedure remains a crucial source of guidance for legal and compliance teams around the globe. The procedure’s latest release offers essential insights into the payment of travel and other expenses for foreign government officials. This release is significant to corporations and law firms that frequently interact with…

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China Implements First Comprehensive Generative AI Regulations

China has officially completed the finalization of its regulations concerning generative Artificial Intelligence (AI) services. The Interim Administrative Measures for Generative Artificial Intelligence Services, also known as the AI Measures, came into effect on August 15, 2023. The regulations were jointly unveiled by several government bodies in China, including the Cyberspace Administration of China (CAC),…

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Microsoft Proposes Unbundling Teams App in Europe to Avoid Antitrust Scrutiny

In an attempt to deflect further European Union antitrust examination, Microsoft Corp. has proposed to separate its Teams video-conferencing app from a comprehensive business software bundling. Nanna-Louise Linde, Microsoft’s Vice President for European government affairs, stated in a blog post on Thursday that starting from October 1st, Microsoft will start to unbundle Teams from Microsoft…

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Australian Government Mandates Climate Risk Disclosure for Bond Investors After Lawsuit

In a landmark decision influencing the global legal framework around climate change risks, the Australian Government will now disclose these risks to potential investors following a lawsuit. The risks informed will revolve around how climate change could potentially affect the value of the country’s bonds. This comes as a significant move that brings transparency in…

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