10.20.22
On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.
Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.
Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration.
After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.
A Texas federal court has struck down Equal Employment Opportunity Commission guidance on protections for LGBTQ+ employees.
10.18.22
The U.S. Patent and Trademark Office issued updated interim guidance on when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.
09.29.22
The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art in inter partes review proceedings under 35 U.S.C. § 311.
09.28.22
As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.
As promised earlier this year, on September 6, 2022, the National Labor Relations Board released a notice of proposed rulemaking on the standard for determining joint employer status under the National Labor Relations Act.
Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test.