December 14, 2022
Volume XII, Number 348
December 14, 2022
December 13, 2022
– DOL Issues Final Rule Amending Investment Duties Regulation –…by: James Frazier
– Renewed Era of Crypto Assets Growth in Hong Kong by: Jay Lee
– Division I Universities Must Be Ready for Changes to the NCAA…by: Paul V.Kelly
– Damages in Pre-Certification Discovery are Premature, Discovery…by: Jenniffer Cabrera
– When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect…by: Jason H.
Finger
– COVID-19: A Roadmap to Fraud Investigations: Office of Inspector…
by: Stephen D.
Bittinger
– Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting…by: Abby M.Warren
– DOJ Antitrust Division and HHS OIG Enter into Partnership to Increase…by: Diane Hazel
– Can Discovery Be Compelled from a Party? Possession, Custody, Control…
by: Kathryn C.Cole
– Weekly Bankruptcy Alert December 13, 2022 by: Bankruptcy & Creditors’ Rights
– All Things Chemical® Podcast: TSCA Regulation of Articles: The Saga…by: Lynn L.Bergeson
– Energy & Sustainability M&A Activity — December 2022 by: Thomas R.
Burton, III and Sahir Surmeli
– Energy & Sustainability IP Updates — December 2022 by: Brad M.Scheller
– SEC Reopens Proposal on Stock Buyback Rules by: Erin Reeves McGinnis
– Chips Chatter: December 5-12, 2022 by: Pablo E.
Carrillo and Ludmilla L.Kasulke
– How may behavioral advertising trackers do websites deploy currently? by: David A.Zetoony
– FRB Proposes Climate-Related Financial Risk Management Principles by: Daniel Meade
– Energy & Sustainability Litigation Updates — December 2022 by: Jacob H.Hupart
– Cross Border Recognition, 25 years on: the view from each side of the…by: Michelle N.Saney
– A New Era of Technology in the Private Markets by: Louis Lehot and Christopher Converse
– New York City Postpones Enforcement of Automated Employment Decision…
by: Simone R.D.Francis
– New Law Seeks To Curtail Coerced Debts by: Keith Paul Bishop
– Republican SEC Commissioners Continue to Criticize Proposed Climate…by: Jacob H.Hupart
December 12, 2022
– Raters gonna rate…
but there’s a bright side! by: Daniel B.Guggenheim
– SEC Awards More than $20 Million to Whistleblower by: Mary Jane Wilmoth
– Estate Planning for Football Season Ticket Holders by: Katherine M.Szymanski and Rebecca K.Wrock
– American Hospital Association Urges DEA to Issue Special Registration…
by: Nathaniel M.Lacktman
– EPA Announces $25.7 Million in Grants to Support Water Systems in…by: EPA
– Weekly IRS Roundup December 5 – December 9, 2022 by: Tax Practice Group McDermott Will Emery
– CMS Announces Strategy on Value-Based Payments for Specialty Care by: Anahita Anvari
– DOL Proposes Self-Correction Option and Other Changes to Voluntary…by: Justin S Alex
– The City of Los Angeles’ Fair Work Week Ordinance Requires…
by: Tomi Oshita
– Recent Developments in Telehealth Enforcement by: Sara Helene Shanti and Danielle Vrabie
– ESG INVESTING AND PROXY VOTING: DOL’S NEW FINAL RULE by: Kristina M.Zanotti and Ruth E.Delaney
– IN A NEW YORK MINUTE, Telemarketing Laws Are Changing! by: Angelika Munger
– More Places, Less Spaces: California is Driving Down Development Costs by: Amanda S.Lee
– Bereavement Leave Becomes Mandatory in the Golden State by: Kaleb N.Berhe
– New Year Brings New Laws for Illinois Employers by: Mikela T.Sutrina and Katherine H.
Oblak
– Decision in U.S.v.
Holland by: Gabriel L.
Imperato
– Top Five Labor Law Developments for November 2022 by: Jonathan J.Spitz and Richard F.Vitarelli
– “Cold-Pressed Juice” Lawsuit Permanently Dismissed by: Food and Drug Law at Keller and Heckman
– USPTO Releases New Guidelines Shortening the Response Deadline in…
by: Luna M.Samman
– ‘No Exit’: SEC Sanctions Investment Adviser for Impeding…by: Peter D.Hutcheon
– TradeTalk China: December 2 – December 9, 2022 by: Pablo E.Carrillo and Ludmilla L.Kasulke
– $10.3 Million in Grants Awarded to Improve the Health of Long Island…
by: EPA
– RE-STRUC: Tax Changes as of 2023 by: Thomas van der Vliet and Louisa van Isselmuden
– The CAC Assessment Collection – Part 2: What Must Be Done Before…
by: Amigo L.
Xie and Dan Wu
– Here We Go Again: Lesser Prairie-Chicken Re-Listed Under the…by: Karma B.Brown and Linda Trees
– What’s more common: opt-in, opt-out, or notice cookie banners? by: David A.Zetoony
– An Unstoppable Force Meets an Immovable Object: Microsoft to Fight…
by: Jonathan Rubin
– Who Qualifies As An Expert Witness? by: Keith Paul Bishop
December 11, 2022
– Mauritanian Terrorist Charged with Death of American Citizen and with…by: United States Department of Justice (DOJ)
UK Parliament Considers Retained EU Law (Revocation and Reform) Bill 2022: the Potential Impact on Employment Law
On 22 September 2022, the UK Government published the Retained EU Law (Revocation and Reform) Bill 2022.Under the bill, all retained European Union law would be revoked on 31 December 2023 (the sunset date) or at a later date prior to 23 June 2026 (the ten-year anniversary of Brexit) unless specific steps are taken to retain it.
Affected Legislation
The bill would impact approximately 2,500 regulations across twenty-one government departments, including the following key pieces of legislation related to employment law:
Working Time Regulations 1998;
Agency Workers Regulations 2010;
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000;
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; and
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The extent of the legislation caught by the bill means that it has the potential to affect most, if not all, businesses in the United Kingdom.The bill gives Parliament wide powers to determine which laws should stay and which laws should go (or, at the very least, be amended).
Although it is likely that most of the current legislation will be restated or amended, rather than revoked, some changes to the employment law of the United Kingdom over the coming years can be expected.
Given that the bill proposes to sunset EU-derived subordinate legislation and retained direct EU legislation by 31 December 2023—a date that is fast approaching—Parliament may not have sufficient time for full consideration of and consultation on the legislation affected by the bill.As such, the sunset date may be extended until 23 June 2026.
Considerations for Employers
Given the relatively early stage of the bill—the Public Bill Committee just completed its work on 8 November 2022—the scope of the proposed reforms is not yet clear.However, once new legislation is introduced to remove, replace, or amend EU-derived legislation, employers may want to revisit their policies and provisions that reflect the requirements of the current law, keeping in mind that some provisions may have been included in contracts and that amending employees’ contracts requires consent.Therefore, employers may want to begin considering how to include wording in contracts that will reflect any updates to the law over the coming years..