On May 20, 2024, the Occupational Safety and Health Administration’s (OSHA) announced a final rule updating the Hazard Communication Standard (HCS). The amended rule (29 CFR 1910) better aligns with the United Nations’...more
On May 31, 2024, the Occupational Safety and Health Administration’s (OSHA) new “Walkaround” rule will take effect. The amended rule (29 CFR 1903.8(c)) is a sea change for employers, as it was written with the intent of...more
A new Occupational Safety and Health Association (OSHA) rule, “Improve Tracking of Workplace Injuries and Illnesses,” recently took effect on Jan. 1, 2024. This rule requires certain high-hazard employers with 100 or more...more
On Jan. 17, 2024, the New York State Appellate Division, Second Department decided a pivotal case for employers after years of uncertainty. In Grant v. Global Aircraft Dispatch, Inc., the Second Department decided against...more
It seems that new details about the status of OSHA’s Vax or Test Emergency Temporary Standard (ETS) are emerging daily! On Dec. 22, 2021, the United States Supreme Court announced that it will expedite hearing arguments...more
On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the Fifth Circuit’s stay order on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination or Test and Mask Emergency...more
At long last, the Occupational Safety and Health Administration (OSHA) has finally released a COVID-19 standard that it has stated was coming since January. Healthcare employers will be required to abide by the new emergency...more
Everybody knows that the statute of limitations for claims under the Fair Labor Standards Act (FLSA) is two years, unless the claim is for a willful FLSA violation, in which case the statute of limitations is three years....more
On March 26, 2019, the New York State Court of Appeals issued a ruling that will have a significant positive impact on home care agencies across the state. In a five-to-two decision, the Court upheld the validity of the New...more
As the end of the Supreme Court term in June approaches, Court-watchers watch their Twitter and news feeds on Mondays and Thursdays with bated breath. And this past Monday, the news did not disappoint. In a close 5-4 decision...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
We have received a number of questions about the current status of OSHA’s new electronic injury and illness reporting rule. There is, yet again, more to report!
First things first: the implementation date of the rule has...more
As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule. The agency delayed enforcement of the rule until December 1, 2016. Many industry advocates were hoping...more
After recent high profile data breaches and threats to online privacy—ranging from Yahoo Inc.’s data breach of approximately 500 million accounts to the hacking of Hillary Clinton’s campaign manager, John Podesta’s email...more
On September 13, 2016, New York Governor Andrew Cuomo announced that a first-of-its kind cybersecurity regulation has been proposed by the New York State Department of Financial Services (DFS) to further protect New York...more
A recent settlement announced by the New York Attorney General’s Office has made clear that failing to provide the required notifications after experiencing a data breach can prove very costly. On August 5th, the Attorney...more
Last November, we issued an update alerting readers of this blog that in last fall’s budget bill, the Occupational Safety and Health Administration had been given authorization to increase its penalties by up to 82%, to...more
The first question asked by many companies after a data breach is – What is our potential liability? On July 12, 2016 a Missouri Federal Court issued a ruling that companies should be aware of when defending customers’ claims...more
On June 14, 2016, the Federal Bureau of Investigation (FBI) issued a public service announcement relating to a recent surge in ‘business e-mail compromise’ (BEC) scams, which are sophisticated scams that target businesses...more
A bill currently pending before the New York State Assembly (A10475) would make a number of significant changes to New York’s data breach notification statute (General Business Law Section 899-aa) in the event that it is...more
Most employers traditionally have had little to no interaction with the Occupational Safety and Health Administration (OSHA), the federal agency tasked with overseeing workplace safety. Unless they were inspected by OSHA —...more
The New York State Senate Committee on Finance is set to take up two new bills this week relating to cybersecurity.
The first bill, S.3405-A, would mandate that a cybersecurity assessment/report be prepared by the...more
On March 10, 2016, the Federal Communication Commission (FCC) released its proposal for new, sweeping privacy rules that would apply to internet service providers (ISPs). According to the FCC, the rules are designed "to...more
A new regulatory authority has entered the field of data security: the relatively new Consumer Financial Protection Board (CFPB). On March 2, the CFPB announced that it had reached a consent order with an Iowa-based company...more
3/8/2016
/ Consent Order ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Dwolla ,
Enforcement Actions ,
Personal Data ,
Popular ,
Unfair or Deceptive Trade Practices
Following several high-profile breaches of business and government databases affecting the personal information of millions of Americans (including the IRS’s "Get Transcript" app) many businesses, governmental agencies and...more
In response to the increase of cybersecurity attacks and data breaches in recent years, some companies have begun to recruit cybersecurity experts to their board of directors. On December 17, 2015, U.S. Senators Jack Reed...more