The Bottom Line While every year brings new complexities to privacy law compliance, 2022 is poised to be a very impactful year.With three new U.S. state laws going into effect in 2023 and additional developments in Europe, companies may need to update their privacy programs, policies, and Continue Reading
Illinois Takes Steps to Limit Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered into on or after January 1, 2022.The Act is sweeping in scope, and alters the landscape for restrictive covenants in Illinois. Employers should carefully review their non-compete and non-solicit agreements to ensure that they Continue Reading
California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions
The Bottom Line Employers should review any form agreements for California employees that contain non-disparagement and/or confidentiality clauses and incorporate the newly required disclosure of rights language under SB-331.Companies that are settling workplace discrimination, harassment and Continue Reading
New Requirements for NYC Employers as Omicron Spreads
Update On December 15, 2021, the New York City Health Commissioner issued a Workplace Vaccination Order explaining the City’s vaccination mandate for private businesses. Additional information on the new requirements can be found on the NYC Health Department website and in FAQs. The Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Courts will look to product packaging and advertising as a whole when evaluating whether those materials can support a false advertising or deceptive trade practices claim, unless the package or advertisement includes a prominent statement or description that is unambiguously Continue Reading
OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges
The Bottom Line Employers with 100 or more employees should become familiarized with the OSHA ETS in the event the ETS is upheld following the resolution of numerous legal challenges.The ETS requires employers to implement and distribute a written policy to employees covering mandatory Continue Reading
New Jersey Not All-In on College Sports Betting Yet
The Bottom Line The rejection of the New Jersey ballot measure expanding college sports betting is a temporary setback to unrestricted sports gaming in the state.Yet, the rejection reflects lingering concerns about the potential corruption of college athletes and highlights the different Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line In 2022, cosmetic companies in California will be subject to heightened reporting obligations under the California Fragrance and Flavor Ingredient Right to Know Act.Keep in mind that federal law prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce, and Continue Reading
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line Negative option sellers should review their practices (including website flows, consent disclosures, and cancellation methods) to ensure compliance with this updated guidance.Most importantly, companies should determine whether the consumer consent being obtained is consistent Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line By 2024, California’s new recyclability standard will impose heightened restrictions on companies making recyclability claims. Similar proposals have also been introduced in several other states. The FTC has indicated that it will initiate a review of the Green Guides in Continue Reading