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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.




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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.




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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. 




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Federal Bill Proposes Victim Protection for Foreign Workers

The current administration and multiple members of Congress seek to grant protections to H-2B non-agricultural temporary workers who are employed in the United States to fill temporary labor shortages in the U.S. market. Multiple bills have been introduced in both the Senate and House of Representatives calling for protection against exploitation and abuse, including for employer violations of wage and hour laws and retaliation.




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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.




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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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Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.




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An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to impact the workplace in various ways. On the positive side, it can automate repetitive and time-consuming tasks, leading to increased efficiency and productivity. For example, it can assist with data entry, customer service, and content creation. Additionally, it can help businesses to analyze and make sense of large amounts of data, leading to better decision-making.




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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.  




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The FDIC Proposes Revised Regulations Concerning Section 19 of the Federal Deposit Insurance Act to Conform to the Fair Hiring in Banking Act

  • The FDIC has proposed revised regulations implementing Section 19 of the Federal Deposit Insurance Act.
  • Section 19 generally prohibits individuals convicted of certain offenses from participating in the affairs of an FDIC-insured depository institution.
  • The rule would affect approximately 4,680 FDIC-insured depository institutions.
  • Comments to the rule are due by January 16, 2024.




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Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment purposes, i.e., for the purpose of evaluating an individual for employment, promotion, reassignment, or retention as an employee.  The legislation, entitled An Act Reducing Barriers to Employment Through Credit Discrimination (H.1434), is expected to be adopted by the Massachusetts Senate and promptly signed into law by Governor Maura Healy.  Once adopted, th




pose

Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of Revenue’s Income Tax Administration issued three final rules that take effect December 3, 2023, and will cover all tax years beginning after December 31, 2023, and ending prior to June 30, 2025.  Notably, the entirety of overtime wages paid to full-time hourly employees will be excluded from Alabama withholding tax.




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Changes to Alabama Tax Laws Impose New Reporting Requirements on Employers

Janell Ahnert and Tucker Crain discuss new rules in Alabama that change the overtime pay exemption calculation and impart new reporting requirements on Alabama employers through at least June 30, 2025.

SHRM Online

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DOD Imposes New Requirements for Employers Participating in SkillBridge Military Internship Program

To support personnel transitioning from the military to the civilian workforce, the U.S. Department of Defense (DOD) in 2011 instituted the SkillBridge internship program, which provides service members with valuable civilian work experience through unpaid internships during their last 180 days of service, while the military continues to pay their wages and full benefits.




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DOD imposes new requirements for employers participating in SkillBridge military internship program

Bradford J. Kelley and James A. McGehee discuss mandates for employers involved in the SkillBridge internship program, which provides military members with civilian work experience.

Westlaw Today

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pose

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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Washington State Wildfire Smoke Rules Impose New Employer Requirements

  • Washington State wildfire smoke rules take effect January 15, 2024.
  • Employers must develop a wildfire smoke response plan, train employees on its use, and monitor jobsites for exposure levels.

As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state.




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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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pose

Connecticut Addresses E-Cigarettes and Vapor Products, Imposes Signage Requirements on Select Employers

Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment.  Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances regarding the use of these products. 

The Law

The Act prohibits the use of electronic nicotine delivery systems and vapor products in:

1. buildings owned or leased and operated by the state or its political subdivisions,




pose

Election Outcomes, AI Adoption, and ESG Issues Pose New Challenges for European Employers, Littler Survey Finds

Littler, the world’s largest employment and labour law practice representing management, has released its seventh annual European Employer Survey Report, based on responses from nearly 630 human resources (HR) executives, business leaders, and in-house lawyers from across Europe—57% of whom hold C-suite positions at their organisations.




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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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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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pose

Trump's Second Term Poses Range Of Outcomes For NLRB

Michael Lotito talks about what may happen with NLRB nominations under the Trump administration.

Law360

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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.




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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. 




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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




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Tenable Enhances Nessus Risk Prioritization to Help Customers Expose and Close Exposures

Tenable®, the exposure management company, today announced new risk prioritization and compliance features for Tenable Nessus, the #1 vulnerability assessment solution in accuracy, coverage and adoption. Nessus supports new and updated vulnerability scoring systems – Exploit Prediction Scoring System (EPSS) and Common Vulnerability Scoring System (CVSS) v4 – to help customers implement more effective prioritization for risk reduction and maintain compliance.

Due to evolving threats and expanding attack surfaces, organizations rely on multiple risk scoring systems, which are not effective risk qualifiers on their own to determine criticality. With Tenable Nessus, customers can take advantage of the latest industry-adopted vulnerability scoring systems – EPSS and CVSS v4 – and Tenable Vulnerability Priority Rating (VPR) to identify and take action on the vulnerabilities that pose the greatest risk specific to their environment. Leveraging an advanced data science algorithm developed by Tenable Research, Tenable VPR combines and analyzes Tenable proprietary vulnerability data, third-party vulnerability data and threat data to effectively and efficiently measure risk.

“EPSS and CVSS are single variables in the risk equation – context around exposures delivers a deeper level of understanding around true risk,” said Shai Morag, chief product officer, Tenable. “Recent Tenable Research found that only 3% of vulnerabilities most frequently result in impactful exposure. We’ve optimized Nessus to meet the evolving needs of our customers, empowering informed vulnerability prioritization strategies to address these critical few.”

Key features in this release include:

  • EPSS and CVSS v4 Support enables users to see and filter plugins by EPSS and CVSS v4 score, further informing prioritization strategy. This feature enables security teams to remain compliant with organizational policies that require the use of EPSS or CVSS as the primary scoring system.
  • Nessus Offline Mode addresses challenges with conducting vulnerability scans offline in air-gapped environments. Building upon existing offline scanning capabilities, Nessus runs critical services only, removing unwanted traffic generated by functions that rely on an active internet connection, thereby ensuring the security of sensitive data within a secure environment.
  • Declarative Agent Versioning On-Prem enables users to create and manage agent profiles in Nessus Manager for Tenable Security Center. Users can specify a product version for an agent deployed in an environment, thereby reducing disruptions in day-to-day operations and enabling users to adhere to enterprise change control policies.

Learn more about vulnerability and risk scoring by checking out the Inaugural Study of EPSS Data and Performance developed by Cyentia Institute and the Forum of Incident Response and Security Teams (FIRST).

Join the upcoming Tenable webinar titled, From Data to Defense: Harnessing Predictive Scoring to Strengthen Your Cybersecurityon September 12, 2024 at 2:00 pm ET, by registering here.

Tenable Nessus is available as a standalone product and is included in Tenable Security Center and Tenable Vulnerability Management. More information on Tenable Nessus is available at: https://www.tenable.com/products/nessus

 

About Tenable

Tenable® is the exposure management company, exposing and closing the cybersecurity gaps that erode business value, reputation and trust. The company’s AI-powered exposure management platform radically unifies security visibility, insight and action across the attack surface, equipping modern organizations to protect against attacks from IT infrastructure to cloud environments to critical infrastructure and everywhere in between. By protecting enterprises from security exposure, Tenable reduces business risk for more than 44,000 customers around the globe. Learn more at tenable.com.

 

###

Media Contact:

Tenable

tenablepr@tenable.com




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Hilton Travel with Purpose ESG Strategy Webinar (November 13, 2024 1:00pm)

Event Begins: Wednesday, November 13, 2024 1:00pm
Location:
Organized By: University Career Center


Join the Hilton Early Talent Partnerships and Diversity Recruitment & Engagement Teams for a webinar about Travel with Purpose! Travel with Purpose is our Environmental, Social, and Governance (ESG) framework, in which Hilton focuses on creating positive environmental and social impact across our operations, supply chain, and communities. During this webinar, you'll hear from ESG leaders in Hilton as they discuss how we continue to fill the earth with the light & warmth of hospitality through responsible travel and tourism. You don't want to miss this!





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CTA Proposes Balanced 2025 Operating Budget That Charts the Course for a Transit Riding Experience Better Than Pre-Pandemic/2019

The Chicago Transit Authority (CTA) today proposed a $2.16 billion operating budget that keeps fares at current levels, delivers more bus and rail service hours than provided in 2019, and fuels new and ongoing investments to either expand or modernize existing infrastructure, while also evolving current systems to meet modern transit riding needs.




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Sense of Place: Meet the composer behind 'Super Mario Kart'

Soyo Oka walks us through her journey from studying classical music to calling up Nintendo looking for a gig.

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Sense of Place: This Colorado bluegrass quartet was only supposed to play once

Big Richard formed to play a one-off festival gig, then the quartet fell in love with playing together.

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Repair, Repurpose, Reimagine

"Reduce, reuse, recycle." We've heard that for decades - but does it work? This hour, TED speakers reimagine the well-known slogan and reconsider how we think about what we consume and throw away. Guests include right-to-repair advocate Gay Gordon-Byrne, materials scientist Andrew Dent, technologist Jamie Beard and animal scientist Ermias Kebreab.

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Repair, Repurpose, Reimagine (2022)

Original broadcast date: Friday, May 20, 2022. "Reduce, reuse, recycle." We've heard that for decades - but does it work? This hour, TED speakers reimagine the well-known slogan and reconsider how we think about what we consume and throw away. Guests include right-to-repair advocate Gay Gordon-Byrne, materials scientist Andrew Dent, technologist Jamie Beard and animal scientist Ermias Kebreab.

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The Future of Sustainability: Repair, repurpose, reimagine

"Reduce, reuse, recycle." We've heard that for decades - but does it work? This hour, TED speakers reimagine the well-known slogan and reconsider how we think about what we consume and throw away. Guests include right-to-repair advocate Gay Gordon-Byrne, materials scientist Andrew Dent, technologist Jamie Beard and animal scientist Ermias Kebreab. Original broadcast date: May 20, 2022

TED Radio Hour+ subscribers now get access to bonus episodes, with more ideas from TED speakers and a behind the scenes look with our producers. A Plus subscription also lets you listen to regular episodes (like this one!) without sponsors. Sign-up at plus.npr.org/ted.

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pose

Researchers Expose Censorship on Popular Chat App, WeChat

Toronto, ON – Researchers at the University of Toronto’s Citizen Lab are publishing a report today that reveals how WeChat (the most popular chat app in China) censors content. The results show WeChat has separate censorship policies for users in China and internationally, with the majority of censorship targeted for China accounts, and has removed […]




pose

New Technology Can Decompose Refrigerants

A new technology has been developed that can decompose refrigerants, using a catalyst made from industrial waste called “red mud.'’ 




pose

EPA Proposes Rule to Mitigate Worries About Unsold VRF Inventory

The EPA has proposed a one-year extension for VRF systems using high-GWP HFCs.




pose

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.




pose

Carbon Monoxide Detectors Serve Multiple Purposes

According to the Centers for Disease Control (CDC), accidental CO poisoning is the cause of approximately 50,000 emergency room visits and more than 400 deaths each year in the U.S.




pose

President Biden Proposes Rule to Address Excessive Heat in Workplace

In early July, the Biden administration proposed a rule that addresses excessive heat in the workplace, as tens of millions of them were under heat advisories — the nation’s No. 1 weather-related cause of death.




pose

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.  





pose

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.





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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.




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Ivy League University’s brightest climate bulb, Michael Mann, rips the U.S. for re-electing Trump: ‘America is a failed Democracy…Our people failed us…We now pose a major threat to the planet’

Climate hoaxers are not taking things well. Here is bitter fake Nobelist @michaelemann. pic.twitter.com/iAmVwU3FDk — Steve Milloy (@JunkScience) November 6, 2024




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‘A wrecking ball’: Experts warn Trump’s win sets back ‘global climate action’ – Poses ‘major threat to the planet’

https://www.theguardian.com/us-news/2024/nov/06/trump-climate-change-environment-threat Election of a ‘climate denier’ to US presidency poses ‘major threat to the planet’, environmentalists say By Oliver Milman and Ajit Niranjan Donald Trump’s new term as US president poses a grave threat to the planet if it blows up the international effort to curb dangerous global heating, stunned climate experts have warned in the wake […]




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Universal: End is near for Poseidon’s Fury

Confirmed: Universal is closing Poseidon's Fury show at Islands of Adventure as of May 9.




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Theme Park Rangers Radar: Poseidon bows out, Disney anniversary juggling and a look at what’s next

Theme Park Rangers Radar waves goodbye to Poseidon’s Fury and the 50th anniversary of Walt Disney World. Plus: What's next.