The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.
Final Week to Propose a Topic for the 2025 Adhesive & Sealant Industry Gathering
ASC’s Annual Convention takes place in April in 2025 in Jacksonville, Florida. This is the largest official gathering of the industry in North America. ASC invites you to present a regulatory topic or any topic of interest to the industry BY DECEMBER 13th (this Friday). Topics include adhesive development & innovation, end user tech, supply chain & market trends, AI & GenAI, sustainability, and new products. Learn more online or download a handout.
Navigating Asbestos Challenges: Current Trends in Litigation, M&A, and Restructuring
John Bae, Eric S. Daniel, Will M. Henry and Heather A. (Austin) Richardson
Thompson Hine partners John Bae, Eric Daniel, Will Henry, and Heather Richardson have been published in the Washington Legal Foundation. Their article, “Navigating Asbestos Challenges: Current Trends in Litigation, M&A, and Restructuring,” provides an in-depth analysis of the evolving landscape of asbestos-related litigation and its impact on mergers, acquisitions, and corporate restructuring. The authors explore practical strategies for mitigating risks and ensuring compliance in this challenging and complex area of law. To view the article, click here.
Federal Motor Carrier Safety Administration to Enhance System for Targeting Unsafe Carriers
Karyn A. Booth, Jason D. Tutrone and Richard M. Couch
On November 20, 2024, the Federal Motor Carrier Safety Administration (FMCSA) announced enhancements to its Safety Measurement System (SMS), which tracks motor carriers’ safety performance for FMCSA intervention. These changes affect how the FMCSA scores and categorizes safety performance and intervenes to address a motor carrier’s safety. They also may impact shippers’ selection of carriers, their liability exposure and how companies assess risks when acquiring motor carriers during merger and acquisition transactions. These enhancements follow a February 2023 proposal by FMCSA and 90-day public comment period. The FMCSA will incorporate the enhancements into a new SMS website but has not announced a launch date. Read more.
NLRB Bans Captive-Audience Meetings
John Wymer, Jzinae J. Jeanbaptiste and M. Scott Young
On November 13, the National Labor Relations Board (NLRB) issued a major decision in Amazon.com Services LLC, banning the practice of “captive-audience meetings,” where employers mandate that employees attend meetings during which management expresses their views on unionization. This ruling overturns the landmark Babcock & Wilcox Co. decision, 77 NLRB 577 (1948), which had allowed employers to hold such meetings for more than 75 years. Continue reading.
Texas District Court Vacates DOL’S 2024 Final Overtime Rule
Glianny Fagundo, Jessica MacKeigan, Nancy M. Barnes and M. Scott Young
On November 15, the U.S. District Court for the Eastern District of Texas issued a ruling invalidating and vacating the Department of Labor’s (DOL) 2024 final overtime regulations.
The final rule issued in 2024 raised the minimum salary at which employees are exempt from overtime requirements under the Fair Labor Standards Act (FLSA) pursuant to the exemptions for executive, administrative and professional (EAP) employees and highly compensated employees (HCE). Since 1938, the DOL has applied a three-part test for an employee to qualify for the EAP exemption. Read more.
BIS Enhances Its Enforcement Discretion: Revamps Voluntary Self-Disclosure Process, Abolishes Penalty Caps and Amends Penalty Guidelines
Francesca M.S. Guerrero, Samir D. Varma, Aaron C. Mandelbaum and Scott E. Diamond*
*Not licensed to practice law.
On September 12, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule revising the voluntary self-disclosure provisions and penalty guidelines of the Export Administration Regulations (EAR). The revisions to the voluntary self-disclosure (VSD) process modify the regulations about conduct that constitutes a violation of the EAR and the possible sanctions for such violations by incorporating the three policy memoranda BIS has announced every year beginning in 2022. The three memoranda have: (1) highlighted BIS’s desire to focus its limited resources on addressing more serious export control violations; (2) introduced mechanisms for exporters to more easily submit VSDs; and (3) expanded incentives for exporters who choose to submit a VSD. (For additional background information regarding these policy memoranda see April 25, 2023 Update and January 31, 2024 Update.) The revisions also update Supplement No. 1 to Part 766 of the EAR entitled “Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases,” (BIS Penalty Guidelines) by granting greater latitude to BIS when calculating and imposing penalties in administrative cases in response to an apparent export control violation. Both revisions under the September 12 final rule took effect September 16, 2024. Read more.
Check out the latest Employment Legislation Outlook. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.
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Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.
For more information, contact the editor, Devin A. Barry, or any of the authors.
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