The Bottom Line With all of the attention that’s been paid to the start of enforcement of the California Consumer Privacy Act (CCPA), it might be easy to have missed that it has been two years since the European General Data Protection Regulation (GDPR) came into effect on May 25, Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line The Federal Trade Commission (FTC) recently issued a staff report and proposed a Made in USA Labeling Rule (Proposed Rule) in an effort to strengthen the FTC’s enforcement program and make it easier for businesses to understand and comply with the law. The Proposed Continue Reading
Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits
The Bottom Line The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to allow an eligible employee to take paid leave to care for a child whose school or “place of care” is closed due to COVID-19 and no other suitable person is available to care Continue Reading
Production Industry Recommends Guidelines for Returning to Work
The Bottom Line Entertainment production has resumed in California amid the COVID-19 pandemic after the Department of Public Health approved the “back to work” recommendations that an industry-wide Task Force had previously submitted to state governments. However, many of the thorniest issues, such Continue Reading
Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line On June 15, 2020, the Supreme Court issued a landmark decision in a L.G.B.T. civil rights case that is important for employers to note, as it is likely to apply broadly to gender-based policies in the workplace. In one of the three cases decided by the Supreme Continue Reading
Additional Assistance Available: Certain SBA Loan Subsidies Under the CARES Act
The Bottom Line The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides various types of assistance to small businesses impacted by the novel coronavirus (COVID-19) pandemic. In addition to the establishment of the widely publicized Payroll Protection Program (the PPP) and Continue Reading
Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post
The Bottom Line Influencers and celebrity endorsers have a duty to disclose their material connections with the brands they tout on social media. Failure to do so could result in an enforcement action by the Federal Trade Commission (FTC). See another recent example of these issues in Continue Reading
OSHA Guidance Requires Certain Employers to Record “Work-Related” COVID-19 Cases
The Bottom Line The Occupational Safety and Health Administration (OSHA) recently issued new guidance on employers’ obligation to document COVID-19 cases in the workplace for OSHA recordkeeping purposes. Specifically, employers who are required to keep OSHA 300 logs are now required Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line In the wake of the global pandemic caused by the novel coronavirus, the U.S. Food and Drug Administration (FDA) has issued dozens of warning letters to various companies — including so-called ‘affiliate marketers’ — asserting that they have fraudulently marketed products that Continue Reading