The Bottom Line The Internal Revenue Service (IRS) issued in its Revenue Procedure 2021-30 an update to its Employee Plans Compliance Resolution System (EPCRS) on July 16, 2021, revising its correction programs for qualified retirement plans. The new guidance generally replaces and Continue Reading
Amendments Expanding NYC’S “Ban-the-Box” Law Take Effect on July 29
Update The New York City Commission on Human Rights (NYCCHR) has issued a Legal Enforcement Guidance and Frequently Asked Questions About New York City’s Employment Protections Based on Criminal History. These publications provide additional guidance to employers on the new Fair Chance Act (FCA) Continue Reading
CARU Releases Revised Children’s Advertising Guidelines
The Bottom Line The Children’s Advertising Review Unit (CARU) recently released its revised self-regulatory guidelines for responsible advertising to children (the Revised Guidelines). The Revised Guidelines go into effect on January 1, 2022 and address the new media formats directed to Continue Reading
FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines
The Bottom Line The Federal Trade Commission (FTC) recently announced a settlement with Kuuhuub Inc., the operator of an online coloring book app, along with its Finnish subsidiaries Kuu Hubb Oy and Recolor Oy, for violations of the Children’s Online Privacy Protection Act (COPPA). The FTC Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY). The bill would remove federal prohibitions on the manufacture, sale and possession of marijuana, and would also dramatically alter the current Continue Reading
July 1st Marks First Day of School for Student-Athletes Seeking to Exploit NIL Rights
The Bottom Line The National Collegiate Athletic Association (NCAA) has waved the white flag and surrendered on the issue of collegiate name, image and likeness (NIL) rights. This comes less than two weeks after the U.S. Supreme Court dealt a resounding blow to the NCAA on the subject of Continue Reading
Colorado Privacy Act Becomes the Third Comprehensive State Privacy Law
The Bottom Line After passing through the Colorado General Assembly, Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021. Colorado is now the third state in the country — following California and Virginia — to pass comprehensive privacy legislation. Companies Continue Reading
NY DOL Issues Airborne Infectious Disease Exposure Prevention Standard and Model Plan
Update On September 6, 2021, Governor Kathy Hochul announced that the New York commissioner of health has designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health. This designation requires employers to implement their airborne Continue Reading
New Caselaw Sheds Light on Enforceability of No-Hire Agreements Between Companies
The Bottom Line Recent decisions signal that courts will carefully scrutinize “no-hire” and “no-poaching” agreements between companies, and that the enforceability of such agreements is not guaranteed. These agreements provide that one party will not hire — or poach — the employees of the other Continue Reading
European Commission Adopts Revisions to Standard Contractual Clauses
The Bottom Line The European Commission (Commission) issued updated Standard Contractual Clauses (SCCs) on June 4, 2021. The long-awaited announcement follows a 2020 decision by the EU’s highest court to overturn the EU-US Privacy Shield Framework (Privacy Shield), which previously allowed for Continue Reading