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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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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.

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Critical Regulatory, Policy, and Health &amp; Safety Updates at ASC’s Convention in April 14-16

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The regulatory and policy landscape will likely change in the U.S. as the new administration takes office, pending state &amp; local regulations take hold, European regulations are enacted, and health &amp; safety technologies evolve. Attendees at ASC’s Convention &amp; EXPO in April in Jacksonville, Florida will receive the latest updates critical to their companies and the industry including:

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Election 2024: Public Policy Implications for the U.S. Adhesive and Sealant Industry

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State and Federal Chemical Regulation Impacting Adhesives and Sealants

Recent Advances in Health and Safety Improvements of Cyanoacrylate Adhesives

Low Odor and Label-friendly Methacrylates for Reactive Adhesives Application

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Learn more about the upcoming convention <a href="https://www.ascouncil.org/events/2025-annual-convention-and-expo">here</a>.

California Employment Law - Session 2: Avoiding Pitfalls in California Employment

Wednesday, February 26, 2025

California’s employment laws and local regulations present distinct challenges for employers, with constantly evolving standards on hiring, wage and hour requirements, and employee protections that can vary differently from other state and federal requirements. Join us for a complimentary webinar series with Amanda Washton, a partner in our Labor &amp; Employment practice group based in our Los Angeles office, as she leads a two-part webinar series aimed at guiding organizations in navigating these complexities. Designed for organizations with California-based operations or employees, this series offers essential guidance to maintain compliance, reduce risk, and adapt to California’s stringent employment regulations.

In this session, Amanda Washton and Brittany Mallow will provide insight on the following:

Leave Requirements (Paid Sick, FMLA, CFRA)

Wage &amp; Hour Rules, Meal Breaks, and Expense Reimbursements

Addressing PAGA Claims and Staying Compliant

<a href="https://www.thompsonhine.com/insights/california-employment-law-session-2-avoiding-pitfalls-in-california-employment/">Learn more</a> about this event.

PFAS Analysis and the Precautionary Principle: Scientific and Legal Implications of Varied Test Methods and Agency Guidance

In this podcast, partner Joel Eagle interviews Gwendoline Caviness and Kristin Robrock of Exponent, a leading scientific and engineering consulting firm in the U.S., about the wide range of PFAS sampling and laboratory test methods that currently exist and the varied scientific and legal implications of different methods. From EPA Methods 537 and 1633, to the State of Hawaii Department of Health’s “Total PFAS Risk” approach, which combines standard EPA methods with the Total Oxidizable Precursor (TOP) Assay and Total Organic Fluorine (TOF) analysis, regulated entities are faced with a plethora of options. And with many agencies applying the “Precautionary Principle,” often leading to highly conservative regulations without scientific support, there is a lot to digest. Joel, Gwen and Kristin explore these issues and end with some predictions for the future of PFAS regulation in the new presidential administration. Click <a href="https://www.thompsonhine.com/insights/pfas-analysis-and-the-precautionary-principle-scientific-and-legal-implications-of-varied-test-methods-and-agency-guidance/">here</a> to listen.

2025 Brings New Pay Transparency Requirements to Five States

Beginning January 1, 2025, Illinois, Minnesota, New Jersey, Vermont and Massachusetts joined the growing list of states and municipalities across the country that have enacted pay transparency legislation imposing compensation disclosure obligations on employers. These new laws, which take effect at various points in 2025, will require employers in these jurisdictions to update their job postings and internal procedures to comply with each state’s pay transparency requirements. <a href="https://www.thompsonhine.com/insights/2025-brings-new-pay-transparency-requirements-to-five-states/">Read more</a>.

SEC’s 2025 Names Rule FAQs: Clarifications and Updates

In January 2025, the Division of Investment Management staff published updated responses to frequently asked questions (FAQs) regarding the Securities and Exchange Commission’s (SEC) 2023 amendments to Rule 35d-1 under the Investment Company Act of 1940 (Names Rule). This rule addresses potential investor confusion related to investment company names, especially those that may mislead investors about the company’s investment focus and associated risks. The 2023 amendments expand the scope of the original rule, which was first adopted in 2001.

In this update, the SEC clarified certain aspects of the amended Names Rule and withdrew specific portions of the original 2001 FAQs. While the new FAQs provide guidance on various issues, they confirm that prior FAQs consistent with the 2023 changes will remain. However, some have been modified to reflect current practices and interpretations. <a href="https://www.thompsonhine.com/insights/secs-2025-names-rule-faqs-clarifications-and-updates/">Read more</a>.

FAR Council Withdraws Proposed Rule on Pay Equity and Pay Transparency

Early this month, the Federal Acquisition Regulatory Council (FAR Council) formally withdrew its proposed rule regarding pay equity and transparency for federal contractors and subcontractors. Originally issued on January 30, 2024, the proposed rule sought to impose <a href="https://www.thompsonhine.com/insights/proposed-rule-on-pay-equity-and-transparency-may-significantly-impact-government-contractors-and-federal-supply-chain-companies/">several sweeping requirements</a> on federal contractors, including prohibiting contractors from seeking or considering a job applicant’s compensation history during the hiring process and requiring disclosure of salary, wage and benefits information in all advertisements for job openings related to a federal contract or subcontract. The proposed rule’s notice and comment period ended on April 1, 2024, but there had been no indication from the FAR Council as to when (or if) a final rule would be issued. <a href="https://www.thompsonhine.com/insights/far-council-withdraws-proposed-rule-on-pay-equity-and-pay-transparency/">Read more</a>.

Key Takeaways in SBA’s Final Rule: Cross-Program Changes

On December 17, 2024, the U.S. Small Business Administration (SBA) issued its highly anticipated final rule outlining the comments addressed and changes adopted from its proposed rule, “HUBZone Program Updates and Clarifications, and Clarifications to Other Small Business Programs.” The final rule, effective January 16, 2025, applies to existing contracts but will not be applied retroactively. Like the proposed rule, the final rule contains extensive updates and clarifications impacting SBA small business and socioeconomic programs.

In this first of multiple bulletins on this topic, we will explore the SBA’s amendments aimed at harmonizing various program regulations and enhancing cross-program uniformity, including updates on negative control considerations and size and status recertifications. While the SBA adopted most of the provisions outlined in the proposed rule, it also carefully considered commenters’ suggestions and implemented changes where appropriate. <a href="https://www.thompsonhine.com/insights/key-takeaways-in-sbas-final-rule-cross-program-changes/">Read more</a>.

DOL Says Employers Can’t Mandate PTO Use to Supplement State or Local Benefits During FMLA Leave

On January 14, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter clarifying that employers cannot require the substitution of accrued paid time off (PTO) during Family and Medical Leave Act (FMLA) leave when an employee is also receiving paid benefits from state or local family and medical leave programs. This clarification impacts the interplay between FMLA and paid state or local leave programs. <a href="https://www.thompsonhine.com/insights/dol-says-employers-cant-mandate-pto-use-to-supplement-state-or-local-benefits-during-fmla-leave/">Read more</a>.

President Trump Revokes Executive Order 11246’s Affirmative Action Requirements for Federal Government Contractors

In a shocking move, President Donald Trump has revoked Executive Order 11246, eliminating one of the core legal authorities enforced by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). By doing so, President Trump has significantly gutted the OFCCP’s enforcement authority and dismantled a comprehensive framework of non-discrimination and affirmative action compliance requirements for federal government contractors and subcontractors. <a href="https://www.thompsonhine.com/insights/president-trump-revokes-executive-order-11246s-affirmative-action-requirements-for-federal-government-contractors/">Read more</a>.

OFCCP to Cease Compliance Audits Under Revoked Executive Order 11246

As a follow-up to President Trump’s <a href="https://www.thompsonhine.com/insights/president-trump-revokes-executive-order-11246s-affirmative-action-requirements-for-federal-government-contractors/">recent revocation of Executive Order 11246</a>, the Acting Secretary of Labor has directed all Department of Labor personnel to cease enforcement activities under the revoked order. In a <a href="https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/2025/01/Secretarys-Order-03-2025.pdf">Secretary's Order</a> issued on January 24, 2025, Acting Secretary Vincent N. Micone, III, instructed the DOL to “immediately cease and desist all investigative and enforcement activity” under Executive Order 11246. This includes “all pending cases, conciliation agreements, investigations, complaints, and any other enforce-related or investigative activity.”

The Order states that the DOL “no longer has any authority” under Executive Order 11246 and specifically applies to personnel within the Office of Federal Contract Compliance Programs (OFCCP), as well as administrative law judges and officials within the Office of Administrative Law Judges (OALJ) and Administrative Review Board (ARB). OALJ and ARB are part of the DOL’s internal administrative hearing framework responsible for adjudicating OFCCP enforcement proceedings against federal contractors. <a href="https://www.thompsonhine.com/insights/ofccp-to-cease-compliance-audits-under-revoked-executive-order-11246/">Continue reading</a>.

FinCEN: Corporate Transparency Act Filings Still Voluntary and Enforcement on Hold

FinCEN announced this morning that, despite the U.S. Supreme Court’s order yesterday, enforcement of reporting requirements under the Corporate Transparency Act remains on hold due to the continuing stay (i.e., pause) on the effective date of the reporting requirement issued by a second Texas federal court in the case of Smith v. U.S. Department of the Treasury, which you can read <a href="https://www.thompsonhine.com/insights/fincen-corporate-transparency-act-filings-still-voluntary-and-enforcement-on-hold/">here</a>.

Read our Business Law Update to stay up to date on legal issues that impact public and private companies on a local, national, and global basis. Articles in this issue include insights on business perspectives, artificial intelligence, new ventures, labor &amp; employment and privacy &amp; cybersecurity. <a href="https://www.thompsonhine.com/insights/business-law-update-january-2025/">Read more</a>.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-february-2025/">Employment Legislation Outlook</a>. 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.

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.

Chemical Industry Regulatory Update – February 2025

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