News

Republican Attorneys General Urge SEC To Refrain From Requiring Additional Climate Change Disclosures

By EsqSocial Corporation 25/06/21

A group of 16 Republican AGs, led by West Virginia AG Patrick Morrisey, sent a comment letter to the U.S. Securities and Exchange Commission (“SEC”) in response to the SEC’s call for input from the public about updating its rules governing climate change disclosures......

OSHA Releases Long Awaited COVID-19 Emergency Temporary Standard for Health Care Workers & Updates General Industry Guidance

By EsqSocial Corporation 25/06/21

Summary - Fulfilling a promise made early in the Biden Administration, on June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued an Emergency Temporary Standard (ETS) related to COVID-19.

One-Time Bonus and Pay for Volunteer Time Off Properly Excluded From Overtime Pay Calculation, Per Fourth Circuit

By EsqSocial Corporation 25/06/21

In 2020, non-exempt, hourly employees of Lowe’s sued the home improvement retailer under the Fair Labor Standards Act (FLSA) for not including payment of a one-time bonus, and payment for time spent on charitable volunteer activities, in the “regular rate” used to calculate their overtime pay.

Cannabis Litigation Update

By EsqSocial Corporation 25/06/21

Recent Federal Court Decisions Rely on Illegality and Abstention to Avoid Hearing Cannabis Disputes - Several recent federal cases demonstrate that federal courts can be an unwelcome venue for cannabis litigants.

New Cal/OSHA COVID-19 Standards Relax Workplace Restrictions

By EsqSocial Corporation 25/06/21

On June 17, 2021, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards, relaxing many of the previous COVID-19 requirements for employers in light of the growing number of vaccinated individuals in the state.

9th Circuit Revives Lawsuit Challenging One Of The Board Of Directors Diversity Statutes

By EsqSocial Corporation 25/06/21

All the way back in 2018, California passed Senate Bill 826 requiring publicly-held corporations with principal executive offices in California to have a certain number of females on their board of directors.

If You Did It Before, Must You Do It Again?

By EsqSocial Corporation 25/06/21

Must an employer permit an employee with a disability to job share if the employer has a flexible work policy that permits managers to create part-time job-sharing positions? The U.S. Court of Appeals for the Fourth Circuit recently answered that question in the negative......

What Lenders Need To Know To Obtain SBA Guaranty Payment On Defaulted PPP Loans

By EsqSocial Corporation 25/06/21

The Payroll Protection Program (“PPP”) was created by Congress through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to loan money to certain businesses for the primary purpose of providing money to fund payroll expenses, and other eligible expenses.

Update: The Supreme Court Largely Upholds IPR Proceedings in Arthrex

By EsqSocial Corporation 25/06/21

On June 21, the Supreme Court issued its decision in U.S. v. Arthrex, Inc., Nos. 19-1434, 19-1452, 1901458 (June 21, 2021) (slip opinion).

The Berko FCPA Resolution – Lessons on Corrupt Deal Making

By EsqSocial Corporation 25/06/21

This week, the Securities and Exchange Commission (SEC) obtained a Final Judgment against Asante Berko, former employee of a Goldman Sachs subsidiary, for, as noted in the SEC Press Release, his role in orchestrating a bribery scheme to help a client to win a government contract to build and oper

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