The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage...more
3/14/2023
/ Business Operations ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Labor Relations ,
Layoffs ,
Liquidity ,
Notice Requirements ,
Unemployment Benefits ,
Wage and Hour
The Utah House of Representatives passed a comprehensive consumer privacy bill, which had been approved by the Senate earlier this year. The bill, which is similar to recent legislation passed in Colorado and Virginia and...more
Most businesses are eager to return their workers to their physical workspaces and envision the majority of them putting remote work behind them once the pandemic is over. That’s according to a recent Flash Survey conducted...more
4/5/2021
/ Agricultural Workers ,
Automotive Industry ,
Construction Workers ,
Coronavirus/COVID-19 ,
Hospitality Industry ,
Insurance Industry ,
Manufacturing Employers ,
Professional Workers ,
Professors ,
Remote Working ,
Retail Workers ,
Staffing Agencies ,
Teachers ,
Technology Sector ,
Telecommuting ,
Transportation Industry
First Europe installed a strict data privacy scheme when it enacted its General Data Protection Regulation (GDPR), then the trend crossed the Atlantic as California lawmakers passed their own data privacy law known as the...more
2/23/2021
/ Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data Sellers ,
Pending Legislation ,
Personal Data ,
State Data Privacy Laws
As a result of the United Kingdom and the European Union reaching agreement on the terms of the EU-U.K. Trade and Cooperation Agreement on December 24, 2020, the U.K. and EU have agreed to continue allowing data transfers...more
On May 29, 2018 Governor Hickenlooper signed HB—1128 into law. Importantly, the Bill amends the State’s data breach notification law to require that affected Colorado residents be notified within 30 days of a data breach, and...more
6/18/2018
/ Covered Entities ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Governor Hickenlooper ,
New Legislation ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
State Data Breach Notification Statutes
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more
12/5/2017
/ Attorney General ,
Cole Memorandum ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Drug Testing ,
Enforcement Actions ,
Federal v State Law Application ,
Marijuana ,
Medical Marijuana ,
Obama Administration ,
Recreational Use ,
Trump Administration
Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The...more
11/8/2017
/ Attorney General ,
Data Breach ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
Hackers ,
HIPAA Breach ,
New Legislation ,
Notification Requirements ,
Penalties ,
Personally Identifiable Information ,
Safe Harbors
In a follow-up to our discussion earlier this summer regarding discrimination and the sharing economy, the California Department of Fair Employment and Housing (DFEH) recently settled a charge of discrimination with a sharing...more
On Friday, July 21, users of the “married dating” website, ashleymadison.com, received preliminary approval of an $11.2 million class action settlement. This settlement seeks to resolve a number of consolidated lawsuits...more
Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded...more
6/19/2017
/ AirBnB ,
Business Travel ,
Disability Discrimination ,
Employer Liability Issues ,
Gender Discrimination ,
Gig Economy ,
Lyft ,
Race Discrimination ,
Racial Bias ,
Sharing Economy ,
Uber
We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more
6/9/2017
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employment Policies ,
Federal v State Law Application ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Popular ,
Reasonable Accommodation ,
Workplace Safety ,
Zero Tolerance Policies
A while back, we posted about corporate travel and the sharing economy, noting the burgeoning acceptance of ride-sharing expenses by corporate America. Despite ongoing criticism and litigation, the sharing economy continues...more
Yahoo recent announcement that CEO Marissa Mayer would forego a 2017 stock award (after giving up a 2016 cash bonus) following security breaches in 2014, 2015 and 2016 underscores the importance of having a security team in...more
Not so long ago, corporate travel managers (no doubt encouraged by anxious lawyers) discouraged employees from using ride- and accommodation-sharing services such as Uber, Lyft, or Airbnb for business travel. Times have...more
New York’s Department of Financial Services Cybersecurity regulation became effective March 1. According to the press release issued with the regulation, the regulation is intended to require banks, insurance companies and...more
In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of...more
On October 28, the Central London Employment Tribunal held that Uber drivers are not self-employed. As a result, the drivers are entitled to certain “worker” benefits, including paid holidays and a minimum wage. Under the law...more
In the United States, the debate over protections for transgender employees continues, even as the Equal Employment Opportunity Commission, some courts, and the U.S. Justice Department take the position that Title VII of the...more
It is estimated that more than one in three Americans currently perform some freelance work, whether as a supplement to their day jobs, or as their full-time gig. We all know (because the media tells us) that millennial...more
This is the first post in a three-part series.
If you work for a U.S.-based company with Canadian operations, your organization probably understands its obligations to comply with Canadian employment and tax laws. But...more
This article is the third in a series addressing employer considerations when beginning or acquiring cross-border operations.
So your company is expanding and, for the first time, you'll be sending key employees...more
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing. With some exceptions, they are generally permitted wide latitude in deciding when to conduct such tests. But the U.S. attitude toward...more
In most U.S. states, employers are free to bind employees with restrictive covenants – which commonly take the form of post-employment restrictions on soliciting clients or employees – as a condition of employment. But the...more