Biometric data, such as fingerprint and retina scanning, offers significant utility for companies to make their operations efficient and secure. As companies have increasingly adopted the use of such technology, Plaintiffs’ attorneys have filed a flood of class-action lawsuits pursuant to the Illinois Biometric Information Privacy Act (BIPA) based on the companies’ purported failure to obtain valid BIPA consent from their employees, contractors, and customers in Illinois, resulting in unrestrained verdicts and settlements. Compliance with BIPA in Illinois is paramount, given its high liability risk. Are recent results in California the start of a trend?
In an attempt to address air quality concerns, California’s Air Resources Board (CARB) has begun mandating a transition to zero-emissions trucks. It is unlikely that the mandated transition to zero-emission trucks will be solely a California issue. CARB is expected to adopt a revised version of Advanced Clean Fleets, meaning the revised regulation is expected to be final soon. What are the ACF compliance options and requirements, and what should affected companies do now to prepare?
FMCSA issued a notice requesting comments on proposed changes to the CSA system, rejecting the National Academy of Sciences’ IRT statistical model and instead proposing significant changes to the current SMS. According to the FMCSA, the proposed changes will allow the agency to better target the least safe motor carriers in the industry. The FMCSA proposed reorganized BASICs, consolidating violations, updated severity weights, proportionate percentiles, adjusting intervention thresholds, and an updated utilization factor. The FMCSA did not propose any changes to the SMS to address geographic enforcement disparity. More from Scopelitis on the details of each of these changes and how the proposed changes to the SMS could have a significant impact on the way motor carriers are evaluated.
The DOL issued a proposed rule on worker status under the FLSA. In the Proposed Rule, the DOL formally rescinds the prior rule promulgated in 2021 under the Trump Administration; and replaces it with a multifactor economic realities test that tilts in favor of finding employee status under the FLSA when compared to the 2021 rule and even the legal status quo prior to the 2021 rule. The public comment period for the Proposed Rule closed on December 13, 2022. The real work for the DOL now begins.