The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.
Employment Legislative Outlook
With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution.
This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling. Read more.
EEOC Says Collecting Family Members’ COVID-19 Test Results Violates GINA
Nancy M. Barnes, M. Scott Young, Rudi S. Julius
On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it had entered into a conciliation agreement with a Florida-based dermatology practice for violations of the Genetic Information Non-Discrimination Act (GINA) after an agency investigation found the medical practice was collecting employees’ family members’ COVID-19 testing results. In addition to paying compensatory damages and back pay, and restoring leave time to affected employees, the practice must also review its COVID-19 policies, conduct training, and post required notices in order to resolve the charge. Continue reading.
Trade Secret Quarterly
Deborah S. Brenneman
It’s a familiar debate in trade secrets cases: Is the information at issue actually a trade secret, or is it not? Many times that debate focuses on the nature of the information itself, but a recent case by the Second Circuit serves as a reminder that how the information is handled may be the determinative question. Read more.
Supreme Court Declines Review of Trucking Industry Challenge to California AB-5
Karyn A. Booth, Jason D. Tutrone
On June 30, the U.S. Supreme Court declined to hear a case about whether federal law preempts a California law that effectively requires motor carriers to classify owner-operator drivers as employees. With other states considering similar laws, this decision leaves for-hire and private motor carriers that rely on owner-operators at risk that multiple jurisdictions may require them to treat these drivers as employees, which could strain truck capacity as owner-operators try to avoid being classified as employees. It also could potentially lead to higher prices, less efficient routing, and reduced service levels for shippers. Continue reading.
Expanding Remedies in Unfair Labor Practice Cases
Under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“Board”) is unable to award penalties when an unfair labor practice (“ULP”) is committed by an employer or union.[1] Instead, the Board may award make-whole remedies that are designed to restore the party to their pre-violation status. A recent memorandum from the Board’s General Counsel, Jennifer A. Abruzzo, however, shows how far this Board is willing to go in issuing make-whole remedies. Read more.
Startups Streamlined – Protecting Assets in a Digital World – August 16, 2022
Cybersecurity and data privacy are woven into the very fabric of business operations, and each has certain impacts on various sectors, including e-commerce. Many countries have passed their own data protection legislation and cybersecurity remains at the forefront of doing business in the United States and around the world. Our next session will cover several factors business entities must consider when assessing their data protection obligations. We will discuss different levels of governance, including state and federal regulations, and explore other aspects businesses must consider when developing their own security measures to safeguard their assets and counter potential security breaches. Read more and register here.
Deciphering the New Group Health Plan Requirements Under the CAA – August 24, 2022
The Consolidated Appropriations Act (CAA) created several new compliance requirements for group health plans, and plan sponsors will be relying heavily on their third-party administrators or insurers for assistance. Our lunchtime webinar series features members of our Employee Benefits & Executive Compensation team who will help employers understand the new requirements and how to partner with plan service providers on several different aspects of the CAA. Join us for Session 6 of this webinar series. Learn more and register here.
August Live Seminars
Throughout the month of August, The Adhesive and Sealant Council is hosting a webinar series that will cover several topics of interest, including Rising Rates and Recession Risks, and IP & Patent Landscape during Covid. Don’t miss the opportunity to hear the latest information on trending topics affecting the current landscape in the chemical industry and other related industries.
Sustainability Forum in September
The Adhesive and Sealant Council is hosting a Sustainability Forum September 19-21, 2022 in Pittsburgh. This two-day forum will provide an understanding of sustainability concepts applicable to the adhesive and sealant industry, including case studies, stakeholder partnerships, and existing challenges and opportunities among the covered presentations.
For more information, contact the editor, William J. Hubbard, or any of the authors.
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Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.