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FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted | Foley Hoag LLP - Environmental Law

FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted | Foley Hoag LLP - Environmental Law
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U S Department of Labor Rescinds Trump Joint Employer Rule | Foley Hoag LLP

To embed, copy and paste the code into your website or blog: On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee. As a result, employers will likely face an increased risk of joint employer liability for violations of the Fair Labor Standards Act (“FLSA”). In March 2020, the Trump administration established a rule for determining when an employee would be considered jointly employed by two or more distinct employers. The rule went into effect on March 16, 2020, and set forth a four-factor balancing test for determining when a business would be considered the “employer” of a worker who simultaneously performed work for another business. Also, contrary to guidance issued under the Obama administration, the Trump DOL’s rule deemed an employer’s reserved right or ability to exercise control, withou

Biden Issues Memorandum Aimed at Improving Cybersecurity | Foley Hoag LLP - Security, Privacy and the Law

To embed, copy and paste the code into your website or blog: On July 28, 2021, President Biden issued a Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  The Memo recognizes that the protection of the nation’s critical infrastructure lies not only with government, i.e., at the federal, state, local, tribal, and territorial levels, but with critical infrastructure owners and operators.  In addition, the Memo states that cybersecurity threats to critical infrastructure, and the systems that control and operate it, “are among the most significant and growing issues confronting our Nation…[and] the degradation, destruction, or malfunction of systems that control this infrastructure could cause significant harm to the national and economic security of the United States.” While Section 1 of the Memo provides a skeletal outline of the Administration’s policy concerns regarding safeguarding critical infrastructure, Sections 2-4 put the meat on t

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