As we embark on the sixth year of the Manufacturing Law Blog, we continue our annual tradition of making predictions. Last week, Matt provided his thoughts and predictions in the labor/employment arena. This week, I am providing our outlook for corporate compliance and litigation. Contract Management As we have documented in the Blog for the … Continue Reading
When it comes to 2019 employment and labor developments for manufacturers, I predict …. much more of the same. The election of President Trump and a Republican controlled House and Senate in November 2016 brought a roll-back back from the aggressive enforcement policies of the Obama administration. Simply speaking, the Federal Government has limited or … Continue Reading
Before ringing in the New Year, manufacturers bidding on competitive New York State contracts should keep in mind that after January 1, 2019, entities submitting bids must certify that they have adopted a sexual harassment policy that meets New York State’s mandated minimum standards, and provide annual training for all employees, including those working outside … Continue Reading
Before answering that question, manufacturers should ask whether the they host a website where individuals can access information about products and services, view demonstrations, submit requests for price quotes or apply for a job. If so, then the website may not be handicap accessible. Title III of Americans with Disabilities Act (“ADA”) requires goods, services, … Continue Reading
We have been talking about conflict minerals for years. And, so have our manufacturing clients. As covered previously in this blog, the conflict minerals laws and regulations are some of the most well known, but least understood laws/regulations that face manufacturers/distributors today. The stated purpose of conflict mineral laws and regulations were laudable, namely, to … Continue Reading
Last month, I posted about New York State’s recently enacted law mandating all New York State employers adopt Sexual Harassment Policies and train all employees annually. See “Time to Catch the “Train” – The New York Gender-Based Harassment Train.” The Department of Labor published for public comment its August 23, 2018 draft sexual harassment training … Continue Reading
This week we are pleased to have a guest post from Edward Heath and Kevin Daly. Attorneys Heath and Daly are members of Robinson & Cole’s Manufacturing Industry Group and regularly counsel clients on anti-corruption compliance. A Brief Overview of the FCPA The Foreign Corrupt Practices Act (FCPA) is a federal statute that prohibits United … Continue Reading
Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum standards for compliant sexual-harassment policies, and a list of FAQs. The materials can be found here. In addition, the New York City … Continue Reading
James Madison groupies rejoice! All others can share my confusion. Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution, where power was distributed between the states and the federal government, and power within the federal government was distributed among three … Continue Reading
California Proposition 65 is often viewed as a significant thorn in the side of manufacturers. As previewed in our 2018 Corporate Compliance & Litigation Outlook, significant changes to California Prop 65 will be effective as of August 30, 2018. If your company has not developed a plan to address these changes, now is the time. … Continue Reading
Almost all industrial manufacturers deal with machine shops in some form or another. A typical scenario is that a manufacturer will provide their print (or that of their customer) to a machine shop to fabricate a component or sub-component. In the manufacturing law world, business to business disputes with machine shops outnumber those up the … Continue Reading
Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. The state legislatures in Connecticut and Vermont have both adopted laws banning manufacturers from asking about an applicant’s prior salary. Those laws are expected to be signed by the Governors of those states and will … Continue Reading
This week, we are pleased to have a guest post from Kevin Daly. Attorney Daly is a member of Robinson & Cole’s Manufacturing Industry Group and also its Trade Compliance Team. In 2010, California enacted the California Transparency in Supply Chains Act (the “Act”). The goal of the Act is to curtail human trafficking and … Continue Reading
Now that the first year of the Trump administration is behind us, I had the opportunity to write an article for the Hartford Business Journal regarding trends that are developing in 2018. To read my article, please click here. Topics covered include deregulation efforts, the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), … Continue Reading
Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an amended Section 162(q). That provision states that manufacturers may no longer deduct from federal income tax “(1) any settlement or payment related … Continue Reading
As we mark the Manufacturing Law Blog’s 5th anniversary, I am also pleased to announce the launch of our new manufacturing law website. To access it, please click here. Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation. GDPR … Continue Reading
This week, we are pleased to have a guest post from Kevin Daly. Attorney Daly is a member of the firm’s Manufacturing Industry Group and also its Trade Compliance Team. In September, the U.S. government announced a nearly $1 billion FCPA (Foreign Corrupt Practices Act) settlement with the Swedish telecommunications company Telia. The total monetary … Continue Reading
As the recovery effort continues after Hurricane Harvey and Hurricane Irma, some manufacturers are starting to deal with supply chain slowdowns or shortages. The most widely reported issue that impacts both manufacturers and consumers is the shortage of fuel. However, these natural disasters have also impacted suppliers that operate in these areas. For those manufacturers … Continue Reading
Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers. See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks to Change the Tide.” While … Continue Reading
This week, we are pleased to have a guest post from Kevin Daly. Attorney Daly is a member of the firm’s Manufacturing Industry Group and also its Trade Compliance Team. The False Claims Act (FCA) is a major civil enforcement tool used by the federal government to redress fraud causing monetary loss to the government. … Continue Reading
Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.” When compared to the divergent views on other … Continue Reading
As is our annual tradition, this is the first in a series of posts that provide industry and legal outlooks for manufacturers as we head into 2017. I will start with corporate compliance and litigation. Matt will follow with labor/employment. And, Megan will conclude the series with Environmental Health & Safety (EH&S). Here are issues … Continue Reading
I had the pleasure of moderating a panel at the Connecticut Business & Industry Association (CBIA)’s Annual Manufacturing Summit. The title of the Panel was “The Future of Manufacturing in Connecticut” and included three experienced manufacturing executives: William Lee, President & CEO, The Lee Company; Severine Zygmont, President, Biomedical, Oxford Performance Materials, Inc.; and Pedro … Continue Reading
As noted in this space in May, effective December 1, employees earning less than $47,476 per year may no longer be treated as exempt from overtime under the federal Fair Labor Standards Act. See “New Wage and Hour Requirements for Certain Employees of Manufacturers.” Those manufacturers which have not yet addressed the issue have a … Continue Reading
