Compliance Stuff

Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space. In particular, Tennessee recently enacted Senate Bill 1580 (the “Bill”), which provides that a person who develops or deploys AI in the mental healthcare space may not advertise or represent to the public that the AI is or is able to act as a qualified mental health professional .[1] Failure to comply with the Bill carries serious risks, with the Bill specifying that violations constitute deceptive trade practices under the Tennessee Consumer Protection Act and authorizing civil penalties up to $5,000 per violation.[2] The Bill is significantly abbreviated when compared to legislation in other states, such as Illinois,[3] Nevada,[4] and Utah.[5] For example, Nevada prohibits the advertisement of AI as being capable of providing professional mental or behavioral health care, and a chatbot or other avatar from providing such care.[6] Similarly, Utah requires that mental ...

If you’ve ever wondered whether those few minutes before employees clock in really count as work, Nevada lawmakers just made that answer much clearer. After the state Supreme Court’s held on October 30 that Nevada had not adopted the federal Portal-to-Portal Act (PPA) or its limits on compensable working time, the state Legislature immediately responded by passing a measure confirming that employers do not have to pay employees for certain activities performed before or after a shift. The Governor just signed it on November 20 and it took immediate effect. This Insight explains what the Supreme Court decided, why the Legislature took quick action, what this means for your business, and why this issue will continue to matter. What Did the Supreme Court Decide? In the  Amazon Services, LLC v. Malloy  ruling, the Nevada Supreme Court ruled that, unlike federal law, Nevada law does not permit employers to skip paying for certain pre- and post- shift activities. The court held that...

Members of the public submitted close to 50,000 comments on OSHA’s new proposed limits on heat exposure in the workplace, with many employers expressing concern about the scope and one-size-fits-all nature of the rule. Initially proposed by the Biden administration, the rule would require all employers to take specific actions when the heat index hits 80°F and implement stricter measures when it reaches 90°F, including providing access to water and shaded rest areas. Many expect that the Trump administration will scale back the rule, but the agency has signaled that it is on board with advancing some form of heat illness protection. Business groups warned that a rigid national standard would be unworkable, and that a more performance-based standard was needed to provide more flexibility given the broad differences between worksites, weather conditions, industries, and job duties. Here’s what you need to know about feedback submitted on the proposed rule – and next steps in the process...

Thinking about where to incorporate your company? While Delaware has long been the go-to choice for startups formed as corporations in the US, we’ve observed that recent changes in the legal landscape and statements by public figures have led founders to take a look at other states – especially Nevada and Texas. Each state offers its own approach to corporate governance, director and  officer  liability, stockholder rights, and how business disputes are resolved, and the best choice depends on your company’s specific needs and priorities. The chart below highlights some of the key differences in corporate law among Delaware, Nevada and Texas to help you better understand what’s at stake when choosing your company’s legal home. Keep in mind, this chart only covers certain legal differences, but practical factors also matter and are worth considering with your legal counsel. For example, your current or prospective investors may prefer or just be more familiar with a certain s...

October will bring vibrant foliage, cooler temperatures, and a heap of new workplace laws. From California to Connecticut, employers across the country will be impacted by state and local requirements taking effect next month. Some trends this fall include pay transparency, paid sick leave, and data privacy protections. Here’s your employer cheat sheet to the laws taking effect in October 2025. Note : All laws listed here will take effect on  October 1  unless otherwise noted. California Regulation of AI Use in Employment Decisions.  The California Civil Council of the Civil Rights Department adopted  regulations  earlier this year that protect against employment discrimination as a result of the use of artificial intelligence (AI), algorithms , and other automated-decision systems. For a closer look at the new rules, check out our prior FP coverage  here .  Colorado New Data Privacy Rules for Businesses.  New privacy rules will refine protections...

Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates: _____ Assess workplace impact of recent SCOTUS rulings.  Take a look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure.  Click here  for a quick guide along with a rating for how impactful each decision will be for employers. _____ Track employment-related AI lawsuits.  In  the latest big lawsuit , filed on August 4, an unsuccessful job applicant sued Sirius XM Radio in federal court claiming the company’s AI-powered hiring tool discriminated against him based on his race. Another  new lawsuit  highlights concerns about AI notetakers. _____ Vet your AI bias auditors.  Speaking of AI developments, as you increasingly use artificial intelligence tools to help shape your decisions, you’ll likely retain vendors to conduct AI bias audits. But ...