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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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Adhesive &amp; Sealant Sustainability Speakers Needed

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Be an integral part of the only North American sustainability event for the adhesive and sealant industry! ASC’s 2024 Sustainability Summit will bring the value of adhesive and sealant sustainability to our downstream partners: end users, Tier 1, brand owners and other external stakeholders. We want to hear from you! Abstracts are now being solicited for this two-day summit in categories critical to adhesive and sealant suppliers, manufacturers and downstream stakeholders. <a href="https://www.ascouncil.org/events/2024-sustainability-summit">Learn More.</a>

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<a href="https://www.thompsonhine.com/professionals/steven-g-stransky/">Steven G. Stransky</a>, <a href="https://www.thompsonhine.com/professionals/thomas-f-zych/">Thomas F. Zych</a>, <a href="https://www.thompsonhine.com/professionals/thora-knight/">Thora Knight, Ph.D.</a>

On April 2, the California Privacy Protection Agency (CPPA) Enforcement Division issued Enforcement Advisory No. 2024-01, the first among several the agency expects to release this year. Enforcement Advisories seek to promote voluntary compliance with the California Consumer Privacy Act, as amended, and its implementing regulations (collectively, CCPA). This first Enforcement Advisory focuses on the CCPA’s data minimization requirements in the context of consumer data privacy requests. <a href="https://www.thompsonhine.com/insights/cppa-releases-first-enforcement-advisory/">Read more.</a>

The EEOC Issues its Long-Awaited Final Rule on the Pregnant Workers Fairness Act

<a href="https://www.thompsonhine.com/professionals/nancy-barnes/">Nancy Barnes</a>, <a href="https://www.thompsonhine.com/professionals/brittany-mallow/">Brittany A. Mallow</a>

The Pregnant Workers Fairness Act (PWFA) has been in effect since June 27, 2023, and expands protections for qualified individuals by requiring employers with 15 or more employees to make reasonable accommodations for conditions “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” unless the accommodation would impose an undue hardship on the employer. When Congress passed the PWFA, it directed the EEOC to issue regulations implementing the law. The EEOC issued its notice of proposed rulemaking (NPRM) on August 11, 2023, and invited public comment until October 10, 2023. After more than six months since the close of the public comment period, on April 15, 2024, the EEOC released its 408-page final rule and interpretive guidance implementing the PWFA. The final rule is expected to go into effect on June 18, 2024. This alert focuses on the key provisions of the final rule and interpretive guidance. <a href="https://www.thompsonhine.com/insights/the-eeoc-issues-its-long-awaited-final-rule-on-the-pregnant-workers-fairness-act/">Continue reading.</a>

DOL Issues Final Salary Rule for Overtime Exemption

<a href="https://www.thompsonhine.com/professionals/glianny-fagundo/">Glianny Fagundo</a>, <a href="https://www.thompsonhine.com/professionals/rudi-s-turner/">Rudi S. Julius</a>, <a href="https://www.thompsonhine.com/professionals/nancy-barnes/">Nancy Barnes</a>

On April 23, the U.S. Department of Labor (DOL) issued its final rule regarding the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). This development will significantly impact employers, as it affects compliance obligations, budgets, and payroll. This bulletin describes key elements of the rule, its implications for employers, and compliance recommendations. <a href="https://www.thompsonhine.com/insights/dol-issues-final-salary-rule-for-overtime-exemption/">Read more.</a>

Business Groups Challenging New FTC Rule Banning Noncompete Agreements

<a href="https://www.thompsonhine.com/professionals/deborah-s-brenneman/">Deborah S. Brenneman</a>, <a href="https://www.thompsonhine.com/professionals/lindsay-karas-stencel/">Lindsay Karas Stencel</a>, <a href="https://www.thompsonhine.com/professionals/brittany-mallow/">Brittany A. Mallow</a>

On April 23, the Federal Trade Commission (FTC) <a href="https://www.thompsonhine.com/insights/ftc-issues-final-rule-banning-noncompete-agreements-future-remains-uncertain-as-lawsuits-challenging-the-final-rule-have-already-been-filed/">issued a final rule</a> that is a near total ban on employers’ use of noncompetition agreements. The rule not only bans the use of such agreements in the future, but also voids almost all existing agreements. We have outlined a few takeaways that you need to know about this final rule. <a href="https://www.thompsonhine.com/insights/business-groups-challenging-new-ftc-rule-banning-noncompete-agreements/">Continue reading.</a>

A discussion of developments in Environmental Justice and U.S. EPA’s PM 2.5 Standard

<a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin Barry</a>, partner, and <a href="https://www.thompsonhine.com/professionals/audrey-avila/">Audrey Avila</a>, counsel in Thompson Hine’s Environmental practice group, bring their air expertise to the forefront in this episode. Devin specializes in advising large manufacturing clients on air permitting requirements for the construction of new and existing emission sources, proactive compliance counseling, and defending clients in enforcement actions by state agencies, U.S. EPA, and U.S. DOJ. Audrey, who recently joined Thompson Hine’s Chicago office, brings valuable experience from her time as an Assistant Attorney General in the Environmental Bureau of the Illinois Attorney General’s office. In this episode, Devin and Audrey discuss the latest environmental justice developments in Illinois, involving disputes over the relocation of a scrap metal recycling facility and an important settlement impacting environmental justice nationwide, and the U.S. EPA’s recent rulemaking to reduce the PM 2.5 National Ambient Air Quality Standards. Their discussion includes key takeaways for companies navigating these dynamic issues under the Clean Air Act. Click <a href="https://www.youtube.com/watch?v=jgpQKmJoGv8&amp;t=27s">here</a> to listen.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://www.ascouncil.org/">The Adhesive and Sealant Council</a>. 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, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-may-2024/">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.

Looking for Adhesive &amp; Sealant Training?

ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> 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.

This newsletter may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

Chemical Industry Regulatory Update – May 2024

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