Legal

Unmasking Greenwashing: Avoiding Potentially Deceptive Practices

Introduction In today’s world, the spotlight on Environmental, Social, and Governance (ESG) practices is brighter than ever. Stakeholders, including investors, consumers, and even corporate employees, are demanding that companies show their commitment to sustainability. However, this increased scrutiny has also exposed the danger of being labeled as having engaged in greenwashing. This is where businesses ...
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Streamlining Success: How to Expedite Arbitration for Faster Resolutions

When counseling business clients about drafting arbitration clauses, I emphasize one of arbitration’s biggest selling points: speed. As an equity partner at Foley Hoag LLP and a seasoned arbitrator, I’ve seen firsthand how arbitration can offer a much faster alternative to traditional litigation. Even before the COVID-19 pandemic, commercial arbitration cases were typically resolved twice as ...
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Hospitality Industry Braces for NYC’s Safe Hotels Act: Top Things Employers Need to Know About What Could Become a Nationwide Trend

New rules regulating hotels in NYC will likely take effect next May if Mayor Adams soon signs the Safe Hotels Act, which the City Council just passed by an overwhelming majority on October 23. NYC lawmakers are aiming to address safety concerns regarding human trafficking, crime, and cleanliness — but the act goes far beyond ...
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Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has passed, we know what new laws are coming. In addition to legislation just signed in law, the ...
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Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new federal pregnancy protection law. The Equal Employment Opportunity Commission claims the employer violated the Pregnant Workers Fairness Act (PWFA), as well as federal civil rights law. ...
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Federal Court Vacates FTC’s Non-Compete Rule

As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related non-compete agreements.  Under the Non-Compete Rule, which was scheduled to take effect on September 4, 2024, an employer generally would have been prohibited from entering or ...
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Transparent Connections: Arbitrators, Attorneys, Parties and Social Media Disclosures

Social media plays a crucial role in professional networking and relationships. This raises important questions for arbitrators, who must maintain high standards of impartiality and avoid potential conflicts of interest, as well as for attorneys and parties, who have an opportunity to delve deeper into the suitability of potential arbitrators on their cases. Fostering Trust, Transparency, and ...
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Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the regulations in question. The DOL’s rule — which creates time-keeping and other compliance nightmares — applies to employers that take the tip credit ...
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