The executive branch of the federal government implements federal law by issuing regulations. The judicial branch has its say in the application of laws by issuing decisions that interpret them. Regulatory initiatives and judicial decisions are frequently just as important, if not more important, than legislative activity in affecting the ability of wholesaler-distributors to manage their own businesses.

When a significant regulatory or judicial decision is concluded, NAW prepares advisories summarizing the action and its potential impact to the industry.

Advisories currently Available:

• Employee Retention Credit (ERC) for Employers Subject to Closure or Experiencing Economic Hardship
• Amazon Faces Liability for a Third-Party Vendor’s Defective Product
• EEOC Ordered to Collect Compensation Data from Employers by September 30, 2019
• California Passes Sweeping Consumer Data Privacy Law – Template for a Federal Law?
• New Proposition 65 Warning Requirements Go into Effect
• GDPR-Compliant by May 25, 2018 – Are You Ready?
• Beware Of Your Liability Exposure For DBE Fraud When Selling To Government Contractors
• NLRB Creates New Right for Employee Use of Company Email During Non-Work Time
• Affordable Care Act Employer Mandate Update
• OSHA Revises Workplace Injury and Illness Recordkeeping and Reporting Requirements
• DC Appeals Court Nullifies NLRB’s Employer “Notice Posting” Rule
• SEC Issues Final Rule on Conflict Minerals
• President’s Appointments to the National Labor Relations Board Ruled Unconstitutional
• Wholesaler-Distributors May Benefit From Tentative $7.5 Billion Settlement of Antitrust Claims Against Visa, MasterCard and Major U.S. Banks
• Court Voids NLRB “Ambush Election” Rule Based on Agency’s Procedural Misstep
• EEOC Issues Revised Enforcement Guidance on Use of Criminal Records in Employment Decisions
• NLRB “Ambush Election” Rule Goes Into Effect on April 30, 2012
• Manufacturer’s Exclusive Advertising Incentive Contracts with Distributors Survive Antitrust Challenge
• Federal Appeals Court Delays Enforcement of NLRB’s Notice Posting Rule; South Carolina District Court Declares NLRB Rule Unlawful
• Court Upholds NLRB Notice Posting Requirement But Invalidates Certain Enforcement Sanctions
• New California Transparency in Supply Chain Act Has Implications for Wholesaler-Distributors
• NLRB Final Rule Requires Private-Sector Employers to Post Notice of Employee Labor Law Rights
• NLRB Decision Approves Union Petition to Cherry-Pick a Single Job Classification for Organization
• Employee Use of PDA May Trigger Overtime Pay Obligation
• California Court Halts Manufacturer from Dictating Resale Prices for its Products
• Labor Department Launches New TIME SHEET APP for Employees to Track Their Hours Worked
• Invitation to Collude: Price-Fixing Charges Against Airlines Survive Motion to Dismiss
• FTC Settles “Invitation to Collude” Charges Against Truck Rental Company
• Federal Contractors and Subcontractors Required to Post Employee Notice of Labor Law Rights, Effective June 21, 2010
• Burden Of Proof Raised On Employee Age Discrimination Claims
• Did You Know It’s Illegal To Resell Counterfeit Products?
• FTC Bars Association From Facilitating Collusive Strategies
• FTC Modifies Consent Decree To Allow Minimum Resale Price Agreements
• Manufacturer Limitations on Internet Sales
• FAQs on Minimum Resale Price Agreements
• Data Sharing With Your Suppliers – Who Owns the Data?
• Antitrust Commission Recommends Repeal of Robinson-Patman Act
• Wholesaler-Distributor May Be Liable for Product Recall
• Manufacturer’s Exclusive Dealership Network May Violate Monopoly Law
• Manufacturer Imposed Customer Resale Restrictions –Are They Lawful?
• Reciprocal Termination Without Cause Provision in Dealership Agreements Upheld
• Private Labeled Products – Opportunity is Not Without Risk
• Supreme Court Approves Greater Supplier Control Over Minimum Resale Pricing
• FCC Adopts Commercial FAX Rules
• U.S. Supreme Court Reverses Price Discrimination Ruling
• California Ban on Unsolicited Advertising Faxes
• Caveat Venditor-Let the Unsecured Seller Beware
• New Bankruptcy Law Aids Trade Creditors When Resisting Preferential Transfer Claims
• New DOL Overtime Rule to go into Effect August 23, 2004
• New Federal Anti-Spam Law Applies to Senders of Commercial Email Messages