proposed

Proposed Overtime Rule Now Projected to Come Out in Fall

Lee Schreter comments on the U.S. Department of Labor’s proposed overtime rule, which is tentatively slated to be released in October, and the Fair Labor Standards Act’s independent contractor rule.

SHRM Online

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PBGC Issues Proposed Rule on Withdrawal Liability Actuarial Interest Rate Assumptions

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA), published a proposed rule governing employer withdrawal liability.




proposed

Proposed Overtime Rule Scheduled to Be Published in May

Shannon Meade examines the key labor and employment regulatory actions included in the Biden administration’s long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.

SHRM Online

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SEC Issues Proposed Rules Regarding Incentive-Based Compensation Arrangements for Certain Financial Institutions

The Securities and Exchange Commission (SEC) released proposed rules on March 2, 2011, in connection with provisions of the Dodd-Frank Act that prohibit "covered financial institutions" from providing incentive-based compensation that encourages inappropriate risks, by providing either excessive compensation or incentives that could lead to material financial loss to the institution.




proposed

IRS Proposed Regulations Clarify Certain Equity Compensation Rules Under IRC Section 162(m)

Section 162(m) of the Internal Revenue Code (the "Code") generally limits the deductibility of compensation paid by a publicly traded corporation to its top executive officers (the "covered employees") to $1 million annually (the "Million Dollar Cap"). However, this limit will not apply to certain amounts that qualify as "performance-based compensation." Compensation attributable to stock options, stock appreciation rights ("SARs") and restricted stock grants may qualify as performance-based compensation if they meet certain requirements.




proposed

IRS Issues Proposed Regulations Under Code Section 457 Affecting Deferred Compensation Plans of Tax-Exempt Organizations

The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments and tax-exempt organizations.  These regulations relate primarily to the taxes imposed (under Code Section 457(f)) on the organization at the time the individual’s right to compensation vests, without regard to actual time of payment. 




proposed

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until September 19, 2022, to file their objections. On September 15, 2022, OFCCP extended the deadline for filing objections to October 19, 2022.




proposed

Questions surround proposed FAMLI rules as program preps for January launch

David Gartenberg said he is worried about the fact that the rule leaves the FAMLI benefits out of alignment with unpaid Family and Medical Leave benefits allowed under federal law. 

The Sum & Substance

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proposed

Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other data-driven statistical processes to automate decision-making in the employment context.  




proposed

House Subcommittee Hearing Raises Concerns About Proposed Heat Illness Rule

Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

SHRM

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Proposed BIPA Penalty Reforms Advance In Ill. Legislature

Shannon Meade talks about how the Biometric Information Privacy Act (BIPA) has affected employers in Illinois and how SB 2979 would update it and tweak its liability guidelines.

Law360

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proposed

CSA Notice and Request for Comment – Proposed Amendments and Changes to Certain National Instruments and Policies Related to the Senior Tier of the Canadian Securities Exchange, the Cboe Canada Inc. and AQSE Growth Market Name Changes, and Majority Voting

This document is only available in PDF format.




proposed

CSA Notice and Request for Comment – Proposed Amendments to National Instrument 81-101 Mutual Fund Prospectus Disclosure, National Instrument 81-102 Investment Funds, National Instrument 81-106 Investment Fund Continuous Disclosure, National Instrument 81

This document is available as PDF only. The following links go to sections in the PDF. 




proposed

CSA Notice of Consultation – Proposed Amendments to National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives

IntroductionThe members of the Canadian Securities Administrators (the CSA or we) are publishing for comment proposed amendments to National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (National Instrument 94




proposed

NY Grocers Call to Pause Proposed HFC Regulations

Grocers in New York State are calling for a pause to a new HFC standard in hopes to allow for a more reasonable timeline.




proposed

Public Review of Proposed Revisions to ACCA Manual SPS (HVAC Design for Swimming Pools and Spas)

The 30-day ANSI public review period closes May 14.  





proposed

Presenting the Proposed Slate for AGU’s 2024 Elections

As chair of the AGU Leadership Development and Governance Committee, I am pleased to announce the proposed slate of candidates for the 2024 AGU Elections.   In accordance with our bylaws, AGU elects new leaders every two years. This year’s slate showcases a diverse and exceptional group of leaders ready to guide AGU’s future and further our commitment to discovery and solutions in the Earth and space sciences.  The proposed slate …

The post Presenting the Proposed Slate for AGU’s 2024 Elections appeared first on AGU Blogosphere.




proposed

Nxu and Verde Bioresins Announce Proposed Merger with Eye on Sustainability

Verde’s biobased, biodegradable and recyclable PolyEarthylene resins – already being sold to global brands and large plastics converters – could potentially be incorporated into Nxu’s EV charging systems.




proposed

[ C 720 ] - English - MS Word Document 2007 - F.745 and H.625: Proposed Amendments

F.745 and H.625: Proposed Amendments
Source: National Institute of Information and Communications Technology
Study Questions: Q21/16




proposed

5 Things About OSHA’s New Proposed Heat Standard

OSHA takes its latest step to try and protect roofing contractors and other outdoor workers exposed to extreme heat. Here's what you need to know. 




proposed

Proposed federal pay adjustment could boost wages for thousands of blue-collar feds

About 15,000 blue-collar federal employees could see as much as 12% federal pay boosts, once the Office of Personnel Management’s regulations become final.

The post Proposed federal pay adjustment could boost wages for thousands of blue-collar feds first appeared on Federal News Network.




proposed

Bureau of Land Management shrinks proposed size of controversial Idaho wind farm project

A Bureau of Land Management preferred alternative for a proposed large-scale wind energy farm in southern Idaho would shrink the size by nearly half.

The post Bureau of Land Management shrinks proposed size of controversial Idaho wind farm project first appeared on Federal News Network.




proposed

50 Cent Moves to Houston Months After Rant Against Biden's Proposed NYC Tax Plan

The 'Power' co-creator and producer announces on his Instagram and Twitter account that he now lives in the Texas city while teasing his new crime anthology series.




proposed

Trade unionists to protest against proposed laws

City centre location for Police Bill protest.




proposed

Restaurants Would Get More Flexibility With Workers' Tips Under Proposed Rule

The Trump administration has proposed a new rule governing the wages of tipped employees, after an earlier effort sparked a backlash from waitstaff, bartenders and other workers. The proposed rule from the Labor Department would allow employers to require more widespread sharing of tips with "back of the house" coworkers, such as cooks and dishwashers. The rule makes clear, however, that employers cannot pocket those tips or use them to reward managers and supervisors. The rule would also give employers more flexibility in assigning non-tipped tasks to workers who rely on gratuities for a big part of their income. The proposal was cheered by the restaurant industry. But workers' advocates and some lawmakers say they still have some concerns. "This rule establishes once and for all an appropriate balance, and ends arbitrary and capricious regulations," said Angelo Amador, regulatory counsel for the National Restaurant Association. "We commend the U.S. Department of Labor for providing




proposed

Here's how much more laptops, TVs, and smartphones could cost under Trump's proposed tariffs, consumer group says

Donald Trump's proposed tariffs would hit the consumer tech sector, raising prices on US consumers' favorite gadgets, an October report found.




proposed

Parents, schools push back over proposed shutdown order




proposed

Parents, schools push back over proposed shutdown order




proposed

Polis: Proposed budget will ease suffering, set up recovery




proposed

Polis: Proposed budget will ease suffering, set up recovery




proposed

What Does Trump's Proposed Budget Mean for Schools? (Video)

In this Facebook Live discussion, Education Week reporters Alyson Klein and Andrew Ujifusa discuss President Trump's budget, and what it means for public education.




proposed

Jennings, AGs, and Advocates Announce Proposed Settlement in Chesapeake Pollution Lawsuit

Attorney General Kathy Jennings and her colleagues have announced that a proposed settlement has been reached in the 2020 lawsuit against the Environmental Protection Agency (EPA) for its failure to require Pennsylvania to develop and implement a plan to meet its commitments to reduce pollution under the Chesapeake Clean Water Blueprint. One-third of Delaware is […]



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proposed

Delaware Produce Farmers Encouraged To Attend Sessions On Proposed Rule Changes

The Food and Drug Administration (FDA) published a proposed rule change on December 6, 2021, to amend the agricultural water requirements of the Produce Safety Rule. In response to the proposed change, the Delaware Department of Agriculture and University of Delaware Cooperative Extension will host two outreach sessions on January 21, 2022, to engage farmers and other stakeholders.



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  • farmers
  • Food and Drug Administration
  • Food Safety Modernization Act
  • outreach
  • produce
  • Produce Safety Rule
  • proposed rule change
  • University of Delaware Cooperative Extension

proposed

The Office of the Marijuana Commissioner Has Published the Official Proposed Regulations.

The Office of Marijuana Commissioner (OMC) is inviting stakeholders and interested parties to review and comment on the regulations that will control the State regulated adult-use recreational marijuana industry in Delaware. As you are aware, the Delaware Marijuana Control Act, 4Del. C. Chapter 13 legalized the use of recreational marijuana for individuals 21 and older. […]



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proposed

DNREC to Host Public Information Session in Lewes June 5 for Proposed Offshore Wind Project

Offshore wind developer US Wind, Inc. has submitted multiple permit applications to the Delaware Department of Natural Resources and Environmental Control for its wind energy project offshore of Maryland. To inform the public and engage Delawareans in the regulatory process, DNREC will host a public information session on Wednesday, June 5, from 4 to 7 p.m. at Beacon Middle School, 19483 John J. Williams Highway, Lewes, Del.




proposed

DNREC to Hold Virtual Joint Public Hearing July 9 on Proposed Offshore Wind Project

DNREC will hold a joint virtual public hearing Tuesday, July 9 at 6 p.m. on multiple permit applications and authorization requests made to DNREC by wind energy developer US Wind, Inc. involving Delaware aspects of the company’s proposed Maryland offshore wind project.




proposed

India’s Response to China’s Proposed “Asia for Asians”

India’s Response to China’s Proposed “Asia for Asians” India’s Response to China’s Proposed “Asia for Asians”
Anonymous (not verified) Mon, 05/20/2019 - 15:29

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The East-West Wire is a news, commentary, and analysis service provided by the East-West Center in Honolulu. Any part or all of the Wire content may be used by media with attribution to the East-West Center or the person quoted. To receive East-West Center Wire media releases via email, subscribe here.

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News, Commentary, and Analysis
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The East-West Wire is a news, commentary, and analysis service provided by the East-West Center in Honolulu. Any part or all of the Wire content may be used by media with attribution to the East-West Center or the person quoted. To receive East-West Center Wire media releases via email, subscribe here.

For links to all East-West Center media programs, fellowships and services, see www.eastwestcenter.org/journalists.

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proposed

Malema says Mpofu proposed disbanding EFF to merge with MK party

During an in-house podcast interview, the Economic Freedom Fighters leader said he had been surprised by the suggestion




proposed

Why criticisms of the proposed Anthropocene epoch miss the point

A proposal to define the Anthropocene as a geological epoch was rejected this March, but humanity's impact on Earth is real, whether formalised or not, says Jan Zalasiewicz




proposed

Sam Bankman-Fried Henchman to Forfeit $70 Million, Yacht in Proposed Settlement


Sam Trabucco, the former Alameda Research co-CEO, will forfeit a 53-foot yacht and forgo $70 million worth of claims in a proposed settlement with the FTX bankruptcy estate.

The post Sam Bankman-Fried Henchman to Forfeit $70 Million, Yacht in Proposed Settlement appeared first on Breitbart.




proposed

Waiver of Informed Consent - proposed changes in the 21st Century Cures Act

Adam Feuerstein points out - and expresses considerable alarm over - an overlooked clause in the 21st Century Cures Act:


In another tweet, he suggests that the act will "decimate" informed consent in drug trials. Subsequent responses and retweets  did nothing to clarify the situation, and if anything tended to spread, rather than address, Feuerstein's confusion.

Below is a quick recap of the current regulatory context and a real-life example of where the new wording may be helpful. In short, though, I think it's safe to say:


  1. Waiving informed consent is not new; it's already permitted under current regs
  2. The standards for obtaining a waiver of consent are stringent
  3. They may, in fact, be too stringent in a small number of situations
  4. The act may, in fact, be helpful in those situations
  5. Feuerstein may, in fact, need to chill out a little bit


(For the purposes of this discussion, I’m talking about drug trials, but I believe the device trial situation is parallel.)

Section 505(i) - the section this act proposes to amend - instructs the Secretary of Health and Human Services to propagate rules regarding clinical research. Subsection 4 addresses informed consent:

…the manufacturer, or the sponsor of the investigation, require[e] that experts using such drugs for investigational purposes certify to such manufacturer or sponsor that they will inform any human beings to whom such drugs, or any controls used in connection therewith, are being administered, or their representatives, that such drugs are being used for investigational purposes and will obtain the consent of such human beings or their representatives, except where it is not feasible or it is contrary to the best interests of such human beings.

[emphasis  mine]

Note that this section already recognizes situations where informed consent may be waived for practical or ethical reasons.

These rules were in fact promulgated under 45 CFR part 46, section 116. The relevant bit – as far as this conversation goes – regards circumstances under which informed consent might be fully or partially waived. Specifically, there are 4 criteria, all of which need to be met:

 (1) The research involves no more than minimal risk to the subjects;
 (2) The waiver or alteration will not adversely affect the rights and welfare of the subjects;
 (3) The research could not practicably be carried out without the waiver or alteration; and
 (4) Whenever appropriate, the subjects will be provided with additional pertinent information after participation.

In practice, this is an especially difficult set of criteria to meet for most studies. Criterion (1) rules out most “conventional” clinical trials, because the hallmarks of those trials (use of an investigational medicine, randomization of treatment, blinding of treatment allocation) are all deemed to be more than “minimal risk”. That leaves observational studies – but even many of these cannot clear the bar of criterion (3).

That word “practicably” is a doozy.

Here’s an all-too-real example from recent personal experience. A drug manufacturer wants to understand physicians’ rationales for performing a certain procedure. It seems – but there is little hard data – that a lot of physicians do not strictly follow guidelines on when to perform the procedure. So we devise a study: whenever the procedure is performed, we ask the physician to complete a quick form categorizing why they made their decision. We also ask him or her to transcribe a few pieces of data from the patient chart.

Even though the patients aren’t personally identifiable, the collection of medical data qualifies this as a clinical trial.

It’s a minimal risk trial, definitely: the trial doesn’t dictate at all what the doctor should do, it just asks him or her to record what they did and why, and supply a bit of medical context for the decision. All told, we estimated 15 minutes of physician time to complete the form.

The IRB monitoring the trial, however, denied our request for a waiver of informed consent, since it was “practicable” (not easy, but possible) to obtain informed consent from the patient.  Informed consent – even with a slimmed-down form – was going to take a minimum of 30 minutes, so the length of the physician’s involvement tripled. In addition, many physicians opted out of the trial because they felt that the informed consent process added unnecessary anxiety and alarm for their patients, and provided no corresponding benefit.

The end result was not surprising: the budget for the trial more than doubled, and enrollment was far below expectations.

Which leads to two questions:

1.       Did the informed consent appreciably help a single patient in the trial? Very arguably, no. Consenting to being “in” the trial made zero difference in the patients’ care, added time to their stay in the clinic, and possibly added to their anxiety.
2.       Was less knowledge collected as a result? Absolutely, yes. The sponsor could have run two studies for the same cost. Instead, they ultimately reduced the power of the trial in order to cut losses.


Bottom line, it appears that the modifications proposed in the 21st Century Cures Act really only targets trials like the one in the example. The language clearly retains criteria 1 and 2 of the current HHS regs, which are the most important from a patient safety perspective, but cuts down the “practicability” requirement, potentially permitting high quality studies to be run with less time and cost.

Ultimately, it looks like a very small, but positive, change to the current rules.

The rest of the act appears to be a mash-up of some very good and some very bad (or at least not fully thought out) ideas. However, this clause should not be cause for alarm.




proposed

Proposed law could mandate treatment for community disturbances linked to mental health

The Community Disputes Resolution Tribunals (CDRT) will be able to mandate mental health treatment for those who cause unreasonable interferences in the community if a bill to amend the Community Disputes Resolution Act (CDRA) goes through.  The bill was proposed in Parliament by Minister for Community, Culture and Youth Edwin Tong on Tuesday (Nov 12). The CDRT currently hears disputes under CDRA between neighbours involving acts of unreasonable interference with the enjoyment or use of places of residence. Under the bill, the tribunal will be able to issue Mandatory Treatment Orders (MTO) should there be a belief that the acts of disturbance stem from an underlying psychiatric condition. "In those cases, the issue therefore is not just a disamenity one," Minister Tong said. "Hence, the MTO is intended to address the root cause of certain acts that a resident may engage in." Tong added that their priority remains in persuading the resident to go for treatment voluntarily, and that the CDRT-issued MTO is a measure of last resort. There are also criteria that must be met for the MTO to be issued.




proposed

CFPB’s Proposed Data Rules Would Improve Security, Privacy and Competition

The collection and sale of consumer data is too lucrative for companies to say no to participating in the data broker economy. New rules proposed by the Consumer Financial Protection Bureau may help eliminate the incentive for companies to buy and sell consumer data.




proposed

Strategic Myopia: The Proposed First Use of Tactical Nuclear Weapons to Defend Taiwan

David Kearn argues that the idea that the first use of nuclear weapons since 1945 would be by the United States in the defense of Taiwan against a conventional Chinese invasion would have significant, negative, and long-lasting, diplomatic ramifications. It is difficult to fathom the myriad potential consequences, but U.S. nuclear weapon use would almost certainly shatter the non-proliferation regime as a functioning entity, incentivize states (including China) to acquire or improve their existing nuclear arsenal, and damage America's standing globally.




proposed

Assisted dying bill: What is in proposed law?

The proposed law would allow some terminally ill adults to end their own lives. But there are requirements.




proposed

Improvements to Prior Authorization in Medicare Advantage Proposed

A new study has revealed the pros and cons of prior authorization (PA) policies for Medicare and the impact these policies have on patients and clinicians.




proposed

Nickel-catalysed regio- and stereoselective hydrocyanation of alkynoates and its mechanistic insights proposed by DFT calculations

Org. Biomol. Chem., 2024, Advance Article
DOI: 10.1039/D4OB00380B, Communication
Shigeru Arai, Koichi Nakazawa, Xiao-Fei Yang, Masaya Nakajima, Shinji Harada, Atsushi Nishida
This work discloses the origin of regio- and stereoselectivity of hydrocyanation of alkynoates.
To cite this article before page numbers are assigned, use the DOI form of citation above.
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proposed

The Competition Commission’s proposed regulations on merger thresholds | Explained

The Competition Commission of India has proposed certain definite thresholds for mergers as part of the larger regulatory ambit, in line with the amendments to the Competition Act earlier this year.




proposed

Made-in-India Dhruv chopper proposed for civilian offshore role

Civilian version of the military ALH Mk-III is powered by ‘Shakti’ engines, features a civil certified glass cockpit