Colorado just became the first U.S. state to pass a law (Senate Bill 24-205 “SB 24-205” or the “CAIA”) regulating consumer harms arising out of artificial intelligence (“AI”). While the CAIA will not go into effect until February 2026,
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The Equal Employment Opportunity Commission Issues New Guidance Regarding In-Office and Virtual Harassment in the Workplace
Last month, the U.S. Equal Employment Opportunity Commission (“EEOC’) unveiled its highly anticipated Enforcement Guidance on Workplace Harassment.
After almost a decade of efforts to update its harassment guidelines, the EEOC’s new guidance delves into topics that are most…
Federal Privacy Legislation Is Inching Toward the Finish Line With the American Privacy Rights Act
The American Data Privacy and Protection Act (ADPPA), proposed in 2022, is no more. The relay race of proposed federal privacy legislation has now entered its final leg with the American Privacy Rights Act (APRA).…
EEOC Unveils its Final Rule Implementing the Pregnant Workers Fairness Act
On April 19, 2024, the EEOC unveiled its final rule implementing the Pregnant Workers Fairness Act (PWFA). This regulation goes into effect June 18, 2024. This final rule requires covered employers to provide reasonable accommodations to qualified employees for known…
Even When Section 280E No Longer Applies to Cannabis Businesses, Another Tax Problem Will Remain
Much has been written over the last week about the recommendation by Attorney General Merrick Garland to loosen restrictions on cannabis. That recommendation would, among other things, reclassify marijuana from its current status as a Schedule I substance, similar to…
Michigan Secure Cannabis Transporter Does Not Get Quick Dismissal From FLSA Case
The federal Fair Labor Standards Act (“FLSA”) is the law that, among other things, requires covered employees to be paid time-and-a-half for hours worked over 40 hours in a given week. As we have repeatedly said to anyone who will…
Michigan Secure Cannabis Transporter Does Not Get Quick Dismissal From FLSA Case
The federal Fair Labor Standards Act (“FLSA”) is the law that, among other things, requires covered employees to be paid time-and-a-half for hours worked over 40 hours in a given week. As we have repeatedly said to anyone who will…
Sixth Circuit Holds Under Michigan Law That Insurer May Recoup Defense Costs Paid Subject to a Reservation of Rights Without Express Policy Language Authorizing Reimbursement
By Jeffrey Ward
The Sixth Circuit has held under Michigan law that a reservation of rights letter including a right to reimbursement was sufficient to entitle an insurer to recoup defense costs paid when the insurer had no duty to defend even though…
Federal Trade Commission Approves Final Rule Banning Nearly All Worker Non-Competes
In an open commission meeting on Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban nearly all non-compete agreements between employers and workers (broadly defined to include employees, independent contractors, and others, whether paid or unpaid).…
New Overtime Exemption Rules Announced: What Employers Need to Know and Do
On April 23, the U.S. Department of Labor (“DOL”) published a set of final regulations dramatically increasing the salary level most executive, professional, and administrative employees must be paid to retain their overtime exempt status under the Fair Labor Standards…