On May 07th, 2024, the Chilean President of the Republic sent to the Chamber of Deputies a bill (the “bill”) regarding the regulation of Artificial Intelligence (“AI”) systems, being the result of the work carried out on the former bill, the National AI Policy, comparative experience, and several international recommendations regarding AI ethics ...
May 10, 2024 By: Dylan W. Wiseman and Sarah Andrzejczak On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after publication in the Federal Register, heralding yet another stride towards enhanced employee mobility. Despite the unfavorable reception from many employers, it’s important to understand that all is not lost ...
Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section 401(a)(9) (“Required Minimum Distributions” or “RMDs”). The changes related to the RMD ‘10-Year Rule’ (summarized in greater detail below) have proven to be particularly difficult to interpret ...
The Department for Health and Human Services Office for Civil Rights (“OCR”) recently issued a final rule under Section 1557 of the Affordable Care Act, which prohibits federally funded health programs from discriminating on the basis of race, color, national origin, sex, age or disability. Consistent with the Supreme Court’s 2020 decision in Bostock v ...
In our fourth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of pregnancy and maternity, the common issues that arise and what employers should do to avoid claims of discrimination. Despite the Equality Act 2010 (EqA) making it unlawful to discriminate against women because of pregnancy or maternity leave, women continue to face significant challenges in the workplace when they become parents ...
On 23 April 2024 the U.S.A.’s Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in employee contracts. The rule will take effect six months following formal publication.1 The scope of the rule is an absolute and immediate prohibition of non-compete clauses, with the obligation on employers to serve notice on employees informing them they are no longer bound by the clause ...
The United States is on the verge of one of the biggest, if not the biggest, transformations to marijuana policy in the last 50 years. According to an Associated Press report, the Drug Enforcement Administration (DEA) is expected to reschedule marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA) ...
As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a previous client alert, including L-1 visas for intracompany transfers, O-1 visas for extraordinary ability individuals, J-1 and F-1 visas for students and other country-specific options ...
By: Sarah Andrzejczak On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a crucial resource for employers striving to uphold fairness and equality for all employees, irrespective of gender identity. The new guidance builds on the U.S. Supreme Court’s 2020 decision in Bostock v ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of 2023. This is the first time the EEOC has updated its workplace harassment guidance since 1999. Some of the new topics addressed include remote work, the #MeToo movement and the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia ...
On April 23, 2024, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete provisions in most industries in the United States (“Final Rule”). Dinsmore attorneys were quick to publish the details and impact of the Final Rule, which is available here. This supplement focuses on the impact of the Final Rule on the healthcare industry ...
On Monday, April 1st, 2024, the Chilean Government introduced in the Chamber of Deputies a bill which aims, on one hand, to establish regulations to facilitate and promote the transfer of technology and knowledge and, on the other, to enable and stimulate the creation and development of science and technology-based companies (“EBCT”) from higher education institutions ...
Earlier this month, the UK Joint Taskforce (UKJT) formally launched the Legal Statement on Digital Assets and English Insolvency Law. The statement aims to provide clarity to critical legal questions regarding how digital assets are treated in any insolvency. Shoosmiths contributed towards the consultation for this legal statement through the Crypto Fraud and Asset Recovery network ...
In the latest update to Kentucky’s Medical Cannabis Program (the “Program”), Governor Andy Beshear signed House Bill 829 which moved up the timeline to apply for cannabis business licenses by six months. Additionally, two emergency regulations were issued by the Program that explain how to apply for a cannabis business license ...
On April 23, 2024, the U.S. Department of Labor (“DOL”) published its final rule increasing salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (“FLSA”) overtime requirements. The new rule is scheduled to take effect on July 1, 2024. Based on DOL estimates, the rule will expand overtime protection to cover more than 4 million additional workers within the first year ...
By: Leah Lively and Alexandra Shulman On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees,” increasing the salary threshold for an employee to qualify for exempt status under the Fair Labor Standards Act (FLSA). The final rule takes effect on July 1, 2024 ...
As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment Opportunity Commission (EEOC) was directed to make rules to implement the statute. On April 15, 2024, the EEOC issued its final rule and interpretive guidance, which will go into effect on June 18, 2024 ...
Do social media users have a fair choice between giving up their privacy and paying a subscription fee? The European Data Protection Board has given its opinion on what’s fair for large platforms in the latest shake up of personalised online advertising. When it comes to justifying processing personal data for targeted advertising under EU data protection laws, Meta (along with other online platforms) has been feeling the squeeze ...
The reception, hosted by Lord Borwick, focussed on how to operationalise the Automated Vehicles Bill (AV Bill), and realise its full potential, now that it is expected to receive Royal Assent and become law later this year. Despite the swift movement through Parliament of this landmark legislation - aimed at establishing a legal framework for the safe deployment of autonomous vehicles - the UK remains at the beginning of its regulatory journey ...
On April 23, 2024, the Federal Trade Commission (FTC) held a public hearing where members voted 3-2 to adopt a final rule effectively banning employers from enforcing non-compete clauses against employees with very limited exceptions. This rule, which is largely similar to the proposed rule first announced by the Commission in January of 2023, imposes a “comprehensive ban on new non-competes with all workers ...
The EU published a report on 18 April 2024, ‘Much More than a Market’.1 The reasons behind the call for the report are the EU’s concerns that just over 30 years after its creation there are important aspects of the Single Market that are not complete, and that the world is very different to what it was 30 years ago ...
In On Tower UK Limited v British Telecommunications Plc [2024] UKUT 51 LC, the Upper Tribunal (Lands Chamber) was asked to address key aspects of the Electronic Communications Code ...
On March 27, 2024 the Securities and Exchange Commission (“SEC”) adopted amendments to Rule 203A-2(e) under the Investment Advisers Act of 1940 (the “Advisers Act”). Rule 203A-2(e) provides an exemption from the prohibition on registration with the SEC that may otherwise affect certain internet based advisers seeking to register with the SEC. Rule 203A-2(e) is referred to as the Internet Adviser Exemption ...
