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Legal Updates

Chemical Industry Regulatory Update – September 2023

A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP

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.

ASC 2023 Sustainability Summit - Louisville, KY

This highly rated summit is the premier sustainability event for business and technical professionals in the adhesive and sealant industry and is an easy drive from Louisville, Indy, Dayton, St. Louis, Columbus, Cincinnati and Nashville areas.

Described as “Fantastic,” “Excellent” and “Informative” by previous attendees, ASC’s Sustainability Summit is a must attend event for professionals responsible for setting strategic goals and metrics, leading their company's sustainability program and those who are seeking to learn more about sustainability's role within the adhesive and sealant industry. Click here to learn more and to register.

NLRB Issues Historic Decision on Employer’s Duty to Recognize and Bargain with Union

Bret W. Vetter, John Wymer

On August 25, the National Labor Relations Board’s (NLRB) majority issued a historic decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130, on when an employer must recognize and bargain with a union. This decision is a modified version of the long ago abandoned 1949 Joy Silk doctrine, which required an employer to recognize and bargain with a union if there was evidence a majority of employees wanted the union to represent them, unless the employer had good faith doubt as to the union’s majority support. Read more.

DOL Proposes Rule to Extend Overtime Pay Protection

M. Scott Young, Rudi S. Julius

On August 30, the U.S. Department of Labor (DOL) proposed a new rule that would extend overtime pay protection to an additional approximately 3.6 million salaried workers. According to the DOL, the proposed rule seeks to enhance and expand existing labor regulations by “ensur[ing] that more workers receive extra pay when they work long hours.”

Currently, under the Fair Labor Standards Act, employees who earn more than $35,568 per year, or $684 per week, are exempt from receiving overtime pay when they work more than 40 hours per week. The proposed rule would raise the current overtime threshold to $55,068 per year, or $1,059 per week, and expand coverage to a larger portion of the workforce across more industries including retail, manufacturing, hospitality, and education. In addition to “restor[ing] and extend[ing] overtime protections to low-paid salaried workers” who work more than 40 hours per week but are ineligible for traditional overtime protections. Continue reading.

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.

For more information, contact the editor, Devin A. Barry, or any of the authors.

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ASC’s Training Academy Certificate Program offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

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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.

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