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The artificial intelligence angle: Loper Bright's impact on federal and state AI legislation, regulations, and guidance

Bradford J. Kelley and Maria Malaver-Reyes discuss how Loper Bright will impact federal and state administration of AI statutes, regulations and guidance.

Westlaw Today

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Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater protections to freelance workers (e.g., “independent contractors”).




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This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard

Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”

Entrepreneur

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USCIS Changes Policy Guidance Regarding Special Student Relief

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR) package.




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USCIS Updates Policy Guidance for International Students

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater clarity on existing policy for international students.




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USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Engineering, and Mathematics Optional Practical Training Extension (STEM OPT). General eligibility requirements for off-campus F-1 employment include that the training be related to the student’s area of study and be authorized by the Designated School Official and U.S.




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State Legislation to Curb Workplace Violence Raises Compliance Concerns

Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

State Net Capitol Journal

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New regulation raises compliance concerns for large employers

Janell Ahnert discusses OSHA’s expanded electronic recordkeeping rule and how it may change OSHA inspections going forward.

Birmingham Business Journal

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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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Compliance Countdown To New Calif. Workplace Safety Rules

Adam Fiss, Alka Ramchandani-Raj and David Dixon discuss California Labor Code Section 6401.9, which will implement the first general industry workplace violence prevention safety requirements in the U.S. 

Law360

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Heat Stress Proposal Challenges Employers on Proving Compliance

Alka Ramchandani-Raj says a proposed OSHA rule would direct OSHA inspectors to request to see an employer’s written heat plan as part of construction site inspections on days the temperature has reached the rule’s trigger point. 

Bloomberg Law

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OSHA 101: Practical Inspection Guidance and Regulatory Updates




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Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

  • A recent federal court decision agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.
  • Off-the-job marijuana use can trigger employee discipline so long as it is not unreasonable or discriminatory.




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Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

Grant Goerke and Jennifer Chierek Znosko discuss a recent federal court decision that agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.

Westlaw Today

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OSHA Issues New Inspection Guidance Targeting Animal Slaughtering and Processing Establishments

On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.




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Mexico's Human Trafficking Law Reform: Are Employers at Risk of Criminal Sanctions for Scheduling Overtime?




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Managing Legal Compliance and Workplace Culture in the Nevada Cannabis Industry




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Considerations for Compliance with FTC Noncompete Rule




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Wage and Hour Compliance




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Risks in Internal Audits of Compliance Policies

In this edition of his Employment Issues column, Philip Berkowitz writes that if you are internal counsel or a human resources executive, your compliance department may want to review not only policies, but also backup data.

By Philip Berkowitz | July 7, 2021




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EEOC Issues Guidance on Use of AI

Jim Paretti said the EEOC’s new guidance explaining the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses is a wake-up call to employers.

SHRM Online

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C-Suite Executives Are Advancing Workplace Generative AI Policies as Risks Mount, Littler Survey Finds

Survey also reveals significant misalignment among top executives, posing challenges for effective AI risk management

Littler, the world’s largest employment and labor law practice representing management, has released its 2024 AI C-Suite Survey Report, completed by more than 330 C-suite executives across the United States.




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Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.




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Ontario, Canada Appellate Court Provides Guidance to Employers on How to Draft Employment Settlement Documents

  • The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options.
  • The OCA emphasized that the employee had executed the settlement documents with the benefit of legal advice and that they clearly released the employee’s entitlement to the damages claimed.




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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

  • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
  • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
  • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data transfers.  Relief arrived on March 22, 2024, when the CAC published the “Provisions on Promoting and Regulating Cross-border Data Flows” (the “Approved Provisions”), which went into effect on the same day.




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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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Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.




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Netherlands issues guidance on using AI chatbots

Stephan Swinkels says some data breaches are inevitable and employers must move quickly to minimize the damage in the event of a breach.

International Employment Lawyer

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Trump’s Chance to Alter Labor Law Turns on NLRB Chair’s Tenure

Michael Lotito says it’s possible that Democratic board members get a pink slip from the Trump administration regardless of whether it’s necessary to create the space for a Republican board majority.

Bloomberg Law

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ETSI launches a new group on information exchange between maritime surveillance authorities

ETSI launches a new group on information exchange between maritime surveillance authorities

Sophia Antipolis, 3 May 2019

ETSI has recently launched a new Industry Specification Group on a European Common Information Sharing Environment Service and Data Model (ISG CDM). The ETSI group will define technical standards to allow data exchange among different maritime legacy systems in a cooperative network. Enhancing information exchange between maritime surveillance authorities is one of the key strategic objectives of the European Union under the Integrated Maritime Policy with increased coordination between different policy areas (transport, environmental protection, fisheries control, border control, general law enforcement, customs and defence).

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First ETSI NFV API conformance test event in remote mode

First ETSI NFV API conformance test event in remote mode

Sophia Antipolis, 10 May 2019

From February 4 to April 15, 2019, ETSI organized a remote NFV API Plugtests® event with the support of its Centre for Testing and Interoperability. The Remote NFV API Plugtests was not only the first to be entirely remote; it was also the first entirely dedicated to the testing of NFV APIs.

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ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

Sophia Antipolis, 13 June 2019

The ETSI Technical Committee ATTM has just released the ETSI specification TS 105 176-2, to provide interoperable Ethernet and Power over Coax solutions for IP video surveillance.

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ETSI OSM Release SIX enhances Edge support and lets your Network Service fly

ETSI OSM Release SIX enhances Edge support and lets your Network Service fly

Sophia Antipolis, 20 June 2019

ETSI OSM Release SIX is now available! The new Release brings a huge new set of capabilities to provide end-to-end orchestration across heterogeneous networks and cloud technologies.

Read More...




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ETSI’s UCAAT, the User Conference on Advanced Automated Testing is coming up, REGISTER NOW!

ETSI’s UCAAT, the User Conference on Advanced Automated Testing is coming up, REGISTER NOW!

Sophia Antipolis, 9 October 2019

ETSI’s User Conference on Advanced Automated Testing (UCAAT) is an annual and international conference dedicated to application aspects of automated testing including model-based testing, cloud testing, mobile testing, test methodologies, test management and standardized test specification by focusing on the practical challenges that are often faced in industry. Organized by ETSI, this year’s event is hosted by Sogeti in Bordeaux with Hustef and Testistanbul as partners and will take place on 22-24 October 2019.

Other sponsors of the event include Agilitest, Henix, KalifastTricentis and MTP

Rapid technical advances in IT services, transport (of all kinds), healthcare, finance, telecoms, broadcasting and smart cities are blurring the lines between the various industry sectors. Solutions bringing together previously disparate actors and technologies now need to co-exist and inter operate to an unprecedented extent. This, and the increasing presence of Artificial Intelligence, whether it be for the use of AI in testing or the testing of AI systems, brings challenges and opportunities to the entire testing community.

The UCAAT conference will open on the 22 with two tutorials and will be followed by sessions dedicated to test automation, artificial intelligence, test approaches and experiences and test languages.

So if you want to join the testing experts of this very global community, just REGISTER.




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ETSI releases a Technical Report on Global Acceptance of EU Trust Services

ETSI releases a Technical Report on Global Acceptance of EU Trust Services

Sophia Antipolis, 16 January 2020

The ETSI Technical Committee on Electronic Signatures and Infrastructures (TC ESI) is pleased to release the ETSI TR 103684 technical report. This report addresses existing trust service infrastructures that operate in different regions of the world and their possible mutual recognition/global acceptance. The report identifies ways to facilitate cross recognition between EU trust services and trust services from other schemes. The trust services are based on ETSI standards and support the eIDAS Regulation (EU) No 910/2014.

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ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location

ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location

Sophia Antipolis, 20 January 2020

ETSI’s Emergency Communication Special Committee has recently released two major specifications, ETSI TS 103 479, for NG112, the next generation of European emergency services and ETSI TS 103 625, for the specific Advanced Mobile Location function. AML is already implemented in 22 countries worldwide following the publication of the first ETSI technical report TR 103 393.

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New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

Sophia Antipolis, 8 September 2020

Today ETSI announces the publication of its White Paper on DNS Support in Distributed MEC Environments. DNS (Domain Name System) is a key infrastructure element in any distributed edge cloud as it is used to ensure that modern (i.e. URL/URI-based) services requests are resolved to the properly located service instances. The best instance may often be decided based on properties other than location, e.g., service latency, resource availability as well as the device identifier.

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ETSI launches new group on IPv6 Enhanced Innovation

ETSI launches new group on IPv6 Enhanced Innovation

Sophia Antipolis, 25 January 2021

In the 5G and cloud era, IPv6 will grow rapidly. Strengthening new generation IP network technologies based on IPv6 and its innovative technologies has become the common direction of the IP industry.

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Listen to ETSI webinar: “IPv6 Enhanced Innovation: the IPv6-only Future in the 5G, IoT & Cloud Era"

Listen to ETSI webinar: “IPv6 Enhanced Innovation: the IPv6-only Future in the 5G, IoT & Cloud Era"

Sophia Antipolis, 17 September 2021

ETSI has successfully held two webinars on ‘IPv6 Enhanced Innovation: the IPv6-Only Future in the 5G, IoT & Cloud Era’ on 13 September. They are available at the following locations:

Part 1: https://www.brighttalk.com/webcast/12761/497800;

Part 2: https://www.brighttalk.com/webcast/12761/497809

Ten experts from government institutions, operators, manufacturers and research institutes, shared their vision and the progress made to date within ETSI ISG (Industry Specification Group) IPE (IPv6 Enhanced innovation).

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ETSI IPE releases the first IPv6 Enhanced Innovation Report, helping global industry players to reach consensus

ETSI IPE releases the first IPv6 Enhanced Innovation Report, helping global industry players to reach consensus

Sophia Antipolis, 15 October 2021

ETSI is pleased to announce the first ETSI IPv6 Enhanced Innovation (IPE) report ETSI GR IPE 001 “IPv6 Enhanced Innovation: Gap Analysis”. Jointly compiled by 15 leading IP industry players, this report comprehensively analyzes gaps based on requirements created by the new use cases and services like 5G and the cloud, to accelerate IPv6 deployment and innovations, and identifies recommendations of new features of the IPv6 enhanced innovations, paving the way for a consensus to be reached among global IP industry players.

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ETSI Advanced Mobile Location standard now permits European smartphones to send caller location in emergency calls

ETSI Advanced Mobile Location standard now permits European smartphones to send caller location in emergency calls

Sophia Antipolis, 22 March 2022

Since 17 March all smartphones sold in Europe are required to comply with Advanced Mobile Location for emergency communications. AML was standardized in ETSI TS 103 625 by the ETSI technical committee on emergency communications (EMTEL) in December 2019. It is already helping emergency services dispatch the needed resources efficiently in Europe and worldwide.

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ETSI ISG IPE releases the latest IPv6 Enhanced innovation Report

ETSI ISG IPE releases the latest IPv6 Enhanced innovation Report

Sophia Antipolis, 9 June 2022

Facilitating IPv6-based Network-Cloud Convergence

ETSI has just published a new Group Report (GR), ETSI GR IPE 002, entitled “IPv6 based Data Centres, Network and Cloud Integration”“IPv6 based Data Centres, Network and Cloud Integration”. Developed by the ETSI IPv6 enhanced group (ISG IPE), this Report comprehensively illustrates Network-Cloud convergence architecture and the requirements to the underlying network. In addition, it highlights the role of IPv6 and its enhanced features in Network-Cloud convergence.

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ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform

ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform

I3C Interface for SSP provides higher data rate and improved integration flexibility with decreased power consumption

Piscataway, N.J. and Sophia Antipolis, France 30 June, 2022

The MIPI Alliance, an international organization that develops interface specifications for mobile and mobile-influenced industries, and ETSI Technical Committee Secure Element Technologies (TC SET) today announced the adoption of the I3C Interface for SSP (ETSI TS 103 818) specification, allowing the MIPI I3C Basic specification to serve as a physical and logical link layer for the ETSI Smart Secure Platform (SSP). The I3C Interface for SSP joins the family of specifications that underpin the ETSI SSP, the next-generation platform for Universal Subscriber Identity Module (USIM) and Secure Elements to meet new market requirements driven by emerging Internet of Things (IoT), 5G and other security-sensitive applications.

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ETSI OSM launches Release TWELVE, with enhanced Network Function resiliency and runtime operations

ETSI OSM launches Release TWELVE, with enhanced Network Function resiliency and runtime operations

Sophia Antipolis, 30 June 2022

ETSI OSM is pleased to announce OSM Release TWELVE, the second Long Term Support release of ETSI Open Source MANO and one of its most prolific releases. One of the main new features of Release TWELVE is the ability to heal network functions that may be affected by any kind of infrastructure failure. This healing process, which may be triggered either manually or automatically depending on operator preference, can be applied in all the clouds supported by OSM, in line with OSM’s multi-cloud approach.

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ETSI publishes a new white paper on Fixed 5th generation advanced

ETSI publishes a new white paper on Fixed 5th generation advanced

Sophia Antipolis, 22 September 2022

Members from the ETSI Fixed 5th generation (F5G) group have just published a new white paper “F5G advanced and beyond”. This white paper describes the drivers, dimensions, and technologies of the F5G advanced and beyond.

Nine key applications or industry trends are identified as key drivers for F5G Advanced. These can be grouped into two categories: those that are oriented towards services and applications, and those that are directed towards network transformation. Ultra-high-definition immersive experience services could put many new requirements on the network. Enterprises will continue their digitization and cloudification, and this is a huge opportunity for fixed networks.

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ETSI NFV Releases Architecture Enhancements to Support Cloud-Native Network Functions

Sophia Antipolis, 26 January 2023

The ETSI Industry Specification Group for Network Functions Virtualization (ISG NFV) has just published its next drop of specifications around new enhancements of the NFV architecture that will support cloud-native network functions.

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ETSI Open Source MANO announces Release FOURTEEN providing a new scalable architecture for service assurance

Sophia Antipolis, 26 July 2023

The ETSI Open Source MANO community is proud to announce OSM Release FOURTEEN. Release FOURTEEN is a Long-Term-Support (LTS) release of ETSI OSM, providing two years of continuous support with bug fixes and security patches, and including significant improvements in many key areas.

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ETSI completes F5G Advanced Release 3 enabling 10Gbits to everybody

Sophia Antipolis, 8 October 2024

ETSI announces the completion of its Release 3 specifications on Fifth Generation Advanced Fixed Network (F5G-A). Building on the achievements of the Release 1 and Release 2, the ETSI ISG F5G has specified a series of new features and capabilities, further elevating fixed fiber networks to a new level:

  • Specification of F5G Advanced
    ETSI ISG F5G unveiled the "F5G Advanced Generation Definition", which not only further enhances existing three foundational features of F5G-Enhanced Fixed Broadband (eFBB), Full Fiber Connectivity (FFC), and Guaranteed Reliable Experience (GRE), but also introduces three new key features: Real-time Resilient Link (RRL), Optical Sensing and Visualization (OSV), and Green Agile Optical network (GAO).

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