Constangy, Brooks, Smith & Prophete, LLP

Contact
Share
Info
230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States
Phone: 404.525.8622
Fax: 404.525.6955
Areas Of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Workers' Compensation
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys
100+ Attorneys

Do You “Like” Me? Are We “Friends”? A Social Media Update For Employers

Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms…more

Employer Liability Issues, Employment Policies, NLRB, Social Media, Social Media Policy

See all updates »

Amendments would beef up Canada’s proposed Digital Charter Implementation Act

Amendments have recently been proposed to two of the three statutes to be enacted under Canada’s Bill C-27: The Digital Charter Implementation Act. The statutes that may be amended are the Consumer Privacy Protection Act and the…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Canada, Consumer Protection Act, DATA Act

See all updates »

What employers need to know about California's new COVID-19 paid sick leave

Supplemental Paid Sick Leave for COVID is back! As anticipated, on February 9, California Gov. Gavin Newsom (D) signed into law S.B. 114, which reinstates supplemental paid sick leave for covered employees and their family…more

California, CDPH, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Covered Employees

See all updates »

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he sells…more

California, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salaried Employees

See all updates »

Indiana joins Iowa with a new comprehensive privacy law. A comparison to plan for the compliance road ahead.

On the heels of the unanimous passage of Iowa’s Act Relating to Consumer Data Protection on March 28, Indiana’s Consumer Data Protection Act was passed by the state legislature on April 13 and has been signed into law by Gov…more

Consumer Privacy Rights, Data Privacy, Data Protection Impact Assessments (DPIAs), Governor Holcomb, New Legislation

See all updates »

Constangy Webinar - Spring Cleaning: How to Keep your HR Practices Mess Free

Join Constangy partners Laura Balson and Ben Widener as they provide an overview of HR best practices, including employee handbooks and employment agreements/restrictive covenants…more

Best Practices, Handbooks, Pre-Employment Agreements, Pregnancy, Reasonable Accommodation

See all updates »

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not expressly…more

Appellate Courts, Class Action, Damages, New York, Payroll Periods

See all updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See all updates »

Some local minimum wages will soon exceed California minimum

California employers, take heed of July 1. It won't be long before minimum wages in a number of California cities and counties will be higher than the state minimum wage. On July 1, various local ordinances will take…more

California, Governor Newsom, Minimum Wage, State Labor Laws, Wage and Hour

See all updates »

Timing Is Everything.

The timing of plan contributions and employer deductions may lead to surprising and troubling tax consequences. As we approach the end of the calendar year (and yes, we really are getting close), employers may begin examining…more

Benefit Plan Sponsors, Employee Benefits, Employer Contributions, Employer Liability Issues, Qualified Retirement Plans

See all updates »

Good News On USCIS Fees And Expansion Of Premium Processing

As we reported previously, the U.S. Citizenship and Immigration Services was due to increase filing fees by approximately 20 percent across many filing types, including new fees on asylum and additional fees for applicants under…more

Department of Homeland Security (DHS), Filing Fees, H-1B, Popular, Premium Pay

See all updates »

Phone call triggers employer's "reporting pay" obligations: California Snapshot 

What is "reporting for work" that triggers a retail employer's reporting pay obligations? According to the California Court of Appeal, a simple phone call will do the trick. The court's recent decision in Ward v. Tilly’s, Inc.,…more

Call-In Pay, Employer Liability Issues, Employment Policies, On-Call Employees, Wage and Hour

See all updates »

SCOTUS endorses "existential" challenge to administrative agencies

Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon…more

Administrative Law Judge (ALJ), Administrative Procedure, Federal Court Litigation, Federal Trade Commission (FTC), Labor Relations

See all updates »

Treating COVID-19 As A Workers’ Comp Illness May Open A Can Of Worms

Employers and insurance carriers have already begun to see workers’ compensation claims as a result of COVID-19 illnesses, and aren’t always sure how to respond. Should the claim be accepted as a compensable “occupational…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

See all updates »

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and Homeland…more

Executive Orders, Foreign Workers, H-1B, Lottery, Trump Administration

See all updates »

FOCUS On Goals, Not Just Resolutions, This Year

Set yourself up for success in 2020! What resolutions did you make when the clock hit midnight this year? Maybe that you would lose weight, stop eating junk food, or that you would stop spending so much time on Facebook? Are…more

Best Practices, Professional Development, Young Lawyers

See all updates »

GA update: Voting leave, no sunset on Kin Care

Georgia’s voting leave law changed effective July 1. First, the Georgia statute was amended to add “advance in-person voting” (early voting) to the types of voting for which employers must allow unpaid time off…more

Caregivers, Family and Medical Leave Act (FMLA), Georgia, Primary Elections, Sick Leave

See all updates »

Legislative Update: Swiss Data Protection Act took effect September 1

The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020. The law introduces new rights for Swiss citizens, but also…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Data Controller, Data Processors

See all updates »

New PPE Requirements For Some CA Health Care Employers

Happy new year! California is ringing in 2021 with some new requirements related to personal protective equipment for certain health care employers. Due to shortages during the early days of the COVID-19 pandemic, two new…more

Acute Facilities, Coronavirus/COVID-19, Healthcare Facilities, Inventory, OSHA

See all updates »

Are you ready? NYC Salary Transparency Law takes effect November 1

As we previously wrote here and here, New York City recently passed a law requiring employers to include the minimum and maximum salary, or wage range, in job postings. The law goes into effect on November 1…more

Disclosure Requirements, Job Ads, Job Applicants, New York, Pay Transparency

See all updates »

Noncompete Agreements - Traps for the Unwary: Part 2

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join…more

Blue Pencil Contract Modification, Employment Contract, Former Employee, Hiring & Firing, Non-Compete Agreements

See all updates »

Nurse Tech Lawsuit Claiming Patient Harassment Fails, Court Says

In determining what counts as harassment in the workplace, context matters. Or at least that’s the takeaway from a recent decision from the U.S. Court of Appeals for the Fifth Circuit, affirming the dismissal of a lawsuit…more

Caregivers, Employer Liability Issues, Healthcare Facilities, Nursing Homes, Retaliation

See all updates »

Lend Your Caregivers A Hand During The COVID-19 Crisis

Here's how employers can help families. According to a World Health Organization report, men are more likely than women to become sick with COVID-19. But unlike recent recessions, in which men suffered the most job losses, the…more

Bureau of Labor Statistics, Child Care, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health and Safety

See all updates »

Texas enacts new data privacy rules focused on protection of minors

As a former Special Agent for the Federal Bureau of Investigation who investigated cybercrimes involving children, I know from experience that the topic of increasing online protections for minors provoked intense debates among…more

Cyber Crimes, Cybersecurity, Digital Service Providers, FBI, Minors

See all updates »

What Employers Need To Know About The Economic Injury Disaster Loan program

The Economic Injury Disaster Loan program is a disaster relief program administered by the Small Business Association. The program, already in place when the coronavirus crisis hit, offers low-interest federal loans to help…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Economic Injury Disaster Loans, SBA Lending Programs

See all updates »

Delaware Enacts New Sexual Harassment Provisions – With Mandatory Training!

Yesterday, Gov. John Carney (D) of Delaware signed into law H.B. 360, which provides more protections related to sexual harassment under the Delaware Discrimination in Employment Act. The DDEA currently prohibits…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Sexual Harassment

See all updates »

Massachusetts Expands Employers' Obligations To Accommodate Pregnant Employees

On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable…more

Americans with Disabilities Act (ADA), Civil Rights Act, Employer Liability Issues, Hiring & Firing, Pregnancy

See all updates »

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department of…more

Comment Period, Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), Federal Register

See all updates »

DOL issues Final Rule on independent contractors under the FLSA

Yesterday the U.S. Department of Labor issued a Final Rule addressing how to determine whether a worker is properly classified as an “employee” or an “independent contractor” under the Fair Labor Standards Act…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Independent Contractors, Misclassification

See all updates »

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

See all updates »

Feds announce overhaul of race/ethnicity categories

The Office of Management and Budget updated the federal government’s standards for maintaining, collecting, and presenting information on race and ethnicity. The government’s standards for classifying race and ethnicity…more

Data Collection, EEO-1, Ethnicity, Federal Contractors, OFCCP

See all updates »

New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

See all updates »

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The decision…more

Administrative Law Judge (ALJ), Cemex, Collective Bargaining, Employees, Employer Liability Issues

See all updates »

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

Americans with Disabilities Act (ADA), Criminal Background Checks, Cybersecurity, Disability, Employer Liability Issues

See all updates »

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

See all updates »

Implications of NLRB Regional Office decision on Dartmouth basketball players

In a February 2024 decision, a National Labor Relations Board Regional Director held that Dartmouth College men’s basketball players were “employees” for purposes of the National Labor Relations Act and entitled to unionize. In…more

Basketball, Employees, Name and Likeness, NCAA, NLRA

See all updates »

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

See all updates »

The COVID-19 Pandemic May Spur Union Organizing And Complicate Union Relations: Part Two

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Union Organizers, Unions

See all updates »

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

Black Friday, Employer Liability Issues, Holidays, OSHA, Retailers

See all updates »

Transportation Employers Get A Break On Random Testing

The FMCSA will exercise "enforcement flexibility." The Federal Motor Carrier Safety Administration announced last week that it will be flexible when, due to COVID-19, transportation employers are unable to comply with the…more

Alcohol Testing, Coronavirus/COVID-19, Department of Transportation (DOT), Drug Testing, FMSCA

See all updates »

#StopRansomware in its tracks

The national impact of ransomware is expanding. Following a dip in the recorded number of ransomware attacks for 2022, there have been multiple nationwide events with devastating effect in 2023. Given the damage across private…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Protection

See all updates »

The COVID-19 Pandemic May Spur Union Organizing And Complicate Union Relations: Part Two

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Union Organizers, Unions

See all updates »

NJ Governor signs temp worker bill of rights

Yesterday New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights.” This law provides new legal protections to the estimated 127,000 individuals employed by temporary staffing agencies in New…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

See all updates »

Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

See all updates »

CA Agency Guidance Addresses Employer-Mandated COVID Vaccinations

May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes. On March 4, the DFEH issued…more

Americans with Disabilities Act (ADA), California, Coronavirus/COVID-19, DFEH, Documentation

See all updates »

It's tough to get union representation petitions dismissed based on “imminent cessation”

Don't count on it. The National Labor Relations Board has declined to review a Regional Director’s Decision and Direction of Election that required a construction company to hold a union representation election. The company,…more

Business Closures, Labor Relations, NLRB, Union Elections, Union Representatives

See all updates »

Push to restrict sharing of sensitive data heats up in the House

On March 20, the U.S. House of Representatives passed House Resolution 7520, the Protecting Americans’ Data from Foreign Adversaries Act of 2024, targeting companies that sell sensitive information to “foreign adversaries.” …more

Biometric Information, Data Brokers, Data Privacy, Data Protection, Executive Orders

See all updates »

CISA issues proposed regs on cyber incident reporting

Yesterday, March 27, the U.S. Cybersecurity and Infrastructure Security Agency published the Notice of Proposed Rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022. It is important to note that…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity

See all updates »

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not expressly…more

Appellate Courts, Class Action, Damages, New York, Payroll Periods

See all updates »

Amendments would beef up Canada’s proposed Digital Charter Implementation Act

Amendments have recently been proposed to two of the three statutes to be enacted under Canada’s Bill C-27: The Digital Charter Implementation Act. The statutes that may be amended are the Consumer Privacy Protection Act and the…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Canada, Consumer Protection Act, DATA Act

See all updates »

What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Franchisee, Joint Employers

See all updates »

Minnesota’s Student Data Privacy Act Signed into Law

On May 22, 2022, Minnesota Gov. Tim Walz (D) signed the Student Data Privacy Act (the “Act”), H.F. No. 2353, into law which amends Minnesota’s Government Data Practices Act. The Act went into effect beginning with the 2022-2023…more

Cybersecurity, Data Privacy, Data Protection, Electronic Devices, Governor Walz

See all updates »

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

See all updates »

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, School Restrooms

See all updates »

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable, but…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Cybersecurity, Employer Liability Issues

See all updates »

California Employment Roundup: Q1 2021

Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of…more

ABC Test, CA Supreme Court, Dynamex, Employer Liability Issues, Federal Arbitration Act

See all updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

Who's The Boss? Limiting Your Liability For Employee Misconduct

Here are some ways to reduce your exposure if your employees get you sued. Whether harm arises from an accident with a company vehicle, an assault in a customer's home, or harassment of an employee by a co-worker, the victim…more

Employee Misconduct, Employer Liability Issues, Employment Litigation, Vicarious Liability

See all updates »

“Idiopathic” Defense To Workers’ Comp Claims Is Still Viable In Georgia, Court Rules

The “idiopathic defense” to workers’ compensation claims is still a viable one, according to a recent decision from the Georgia Court of Appeals. “Idiopathic,” as defined by the Georgia Court of Appeals, means “injuries…more

Burden of Proof, Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

See all updates »

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

See all updates »

No Child’s Play: States expand child protection online (Part II)

Last week, we discussed action taken by three states, Texas, California, and Ohio, to enhance protection of children’s data online. In this second installment, we shift our attention to address the 2023 legislative efforts of…more

Data Privacy, Data Protection, Data Security, Online Platforms, Online Privacy Protection Act

See all updates »

New Jersey enacts comprehensive privacy law

On January 16, Gov. Phil Murphy (D) of New Jersey signed Senate Bill No. 332 into law. The New Jersey privacy law generally follows the same framework found in many of the comprehensive privacy laws enacted by other states and…more

Consumer Privacy Rights, Data Protection, Department of Health and Human Services (HHS), Governor Murphy, Gramm-Leach-Blilely Act

See all updates »

Top ten cybersecurity tips for organizations during the holiday season

‘Tis the season for the hustle and bustle of year-end holiday activities. With that comes the increased risk of cybercriminals exploiting the season to find vulnerabilities. This includes taking advantage of increased online…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

End-of-summer road travel through state noncompete laws—It’s trippy!

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers) to…more

Employment Contract, Low-Wage Workers, Non-Compete Agreements, Non-Solicitation Agreements, Notice Requirements

See all updates »

Important Reminder: Deadline Approaching for California Noncompete Notice Requirement

Reminder: February 14, 2024, is the deadline under California AB 1076 for employers with employees in California who are subject to noncompetition provisions to provide “individualized” written notice that the noncompetition…more

California, Non-Compete Agreements, Notification Requirements, State Labor Laws, Wage and Hour

See all updates »

Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, Fair Credit Reporting Act (FCRA), Notice Requirements

See all updates »

Timing Is Everything: USCIS Revises Form I-9 To Clarify When Section 1 Should Be Completed

As you may recall, the U.S. Citizenship and Immigration Services recently modernized the Form I-9, Employment Eligibility Verification, to offer both a “paper” and an “electronic” version. Last week, the USCIS released yet…more

Employer Liability Issues, Employment Authorization Documents (EAD), Form I-9, Hiring & Firing, USCIS

See all updates »

Sometimes You Can Eat Your Cake And Have It, Too.

In an opinion issued on March 12, 2020, the California Supreme Court held that settling individual Labor Code claims does not strip an employee of standing to pursue civil penalties for the same violations under the Private…more

CA Supreme Court, Employment Litigation, Private Attorneys General Act (PAGA), Standing, Unpaid Wages

See all updates »

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

See all updates »

Independent Contractor Rule: The 6 “economic reality” factors

On January 9, the U.S. Department of Labor issued its Final Rule addressing how to determine whether a worker is properly classified as an “employee” or as an “independent contractor” under the Fair Labor Standards Act. This…more

Department of Labor (DOL), Employee Definition, Exclusivity, Final Rules, Independent Contractors

See all updates »

The Colorado Privacy Act takes effect July 1. Here’s how to get ready.

It’s only April, but 2023 has already been a big year for new and evolving data privacy legislation. In January, the California Privacy Rights Act took effect, expanding and clarifying the rights and obligations within the…more

California Privacy Rights Act (CPRA), Colorado, Data Privacy, Opt-Outs, State Privacy Laws

See all updates »

New USCIS Filing Fees May Become Effective October 2

The U.S. Citizenship and Immigration Services is poised to implement new filing fees on October 2, under regulations published in the Federal Register on August 3. However, two lawsuits were filed in federal court about a month…more

Department of Homeland Security (DHS), Filing Fees, Form I-129, Green Cards, H-1B

See all updates »

Appeals court shuts down CA’s efforts to ban mandatory arbitration for employees

The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration…more

Appellate Courts, Arbitration Agreements, California, Federal Arbitration Act, Mandatory Arbitration

See all updates »

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

See all updates »

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime…more

Collective Actions, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Fluctuating Workweek

See all updates »

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

See all updates »

Navigating the Future of Intercollegiate Athletics: Implications of the Dartmouth College Student-Athlete Labor Decision

In a groundbreaking decision on February 5, the Regional Director for Region 01 of the National Labor Relations Board ruled that the men’s basketball student-athletes for Dartmouth College are to be considered employees under…more

College Athletes, Colleges, NLRB, Student Athletes, Unions

See all updates »

USCIS extends automatic extension period for EAD renewals

Long processing times for renewal Employment Authorization Documents has resulted in the loss of work authorization for many individuals because their EAD cards expired before new cards could be issued. Individuals who filed for…more

Employment Authorization Documents (EAD), Extensions, Foreign Workers, Form I-765, Immigration Procedures

See all updates »

End-of-summer road travel through state noncompete laws—It’s trippy!

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers) to…more

Employment Contract, Low-Wage Workers, Non-Compete Agreements, Non-Solicitation Agreements, Notice Requirements

See all updates »

Avoiding Class And Collective Actions In The COVID-19 Era

On March 16, the City and County of San Francisco issued the nation’s first “shelter in place” order to mitigate the spread of the unrelenting novel coronavirus. Although this drastic move was needed to deal with the negative…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, OWBPA, WARN Act

See all updates »

California employers, it’s not too late to get on track for 2023

It’s never dull moment in California. If you have gone astray with tackling your list of 2023 priorities, we will help you get back on track. Below are some key (but certainly not all!) compliance areas that employers with…more

Arbitration Agreements, California, California Consumer Privacy Act (CCPA), Pay Transparency, Private Attorneys General Act (PAGA)

See all updates »

Regular Rate Must Be Paid For Missed Meal-Rest Periods, CA Supreme Court Says

Not the best news for employers. The California Supreme Court has issued a decision changing the way employers must compensate employees for missed meal and rest breaks under state law. In Ferra v. Loews Hollywood Hotel,…more

Bonuses, CA Supreme Court, Compensation, Employer Liability Issues, Rate of Pay

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBTQ, OFCCP

See all updates »

California raises minimum wage for health care workers in 2024

With the goal of creating a more “stable workforce” and addressing the “shortage of health care workers” in California, Gov. Gavin Newsom (D) has signed into law legislation that will increase the minimum wage for certain health…more

California, Employees, Healthcare Facilities, Healthcare Workers, Minimum Wage

See all updates »

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

See all updates »

NYS ban on employer social media inquiries takes effect

New York employers, are you thinking of asking applicants or employees to divulge their personal social media information? Think again. Last September, Gov. Kathy Hochul (D) signed legislation that prohibits all employers in the…more

Electronic Communications, Job Applicants, Labor-Managment Relations Act, New York, Passwords

See all updates »

Decoding Discrimination Laws: What Employers Need to Know

Join Constangy attorneys Joyce Dos Santos and Joanna MacMillan for an insightful webinar as we delve into the complex landscape of workplace discrimination laws and provide essential guidance for employers. In today's diverse…more

Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Employment Policies

See all updates »

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

See all updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

Affordable Care Act, Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), GINA, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

Americans with Disabilities Act (ADA), Business Travel, Centers for Disease Control and Prevention (CDC), OSHA, Popular

See all updates »

Colorado’s New Equal Pay Law Will Take Effect January 1. Are You Ready?

The Colorado Equal Pay for Equal Work Act, and the Equal Pay Transparency Rules issued by the state Department of Labor and Employment, will both take effect on January 1. Equal pay provisions- The Equal Pay for Equal Work…more

Colorado, Department of Labor (DOL), Employer Liability Issues, Equal Pay, Job Promotions

See all updates »

Proposed regs on California Privacy Protection advance to next stage

Proposed regulations have been submitted for review. On February 3, the Board of the California Privacy Protection Agency held its latest public meeting, focused on the anticipated regulations interpreting the California…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Proposed Regulation, State Privacy Laws

See all updates »

FMCSA Clearinghouse Is Open: Are You Ready?

The Federal Motor Carrier Safety Administration drug and alcohol Clearinghouse opened for registration on Saturday, and the database will go live on January 6. According to the FMCSA, “The Clearinghouse is a secure online…more

Commercial Truck Drivers, FMCSA, Motor Carriers, Substance Abuse

See all updates »

More Details On Massachusetts Paid Family And Medical Leave Law Implementation

On June 14, the Massachusetts Department of Family and Medical Leave issued more details regarding the delay in the start of employer and employee contributions to the Paid Family and Medical Leave program. As we reported…more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, State Labor Laws

See all updates »

Overview Of OFCCP’s New Technical Assistance Guide For Construction Contractors

Here’s the deeper dive. The Office of Federal Contract Compliance Programs recently published its Technical Assistance Guide for construction contractors. According to the OFCCP, the 148-page Guide acts “to serve as a…more

Affirmative Action, Best Practices, Federal Contractors, OFCCP, Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

See all updates »

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

See all updates »

Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Multi-Factor Test, Proposed Regulation

See all updates »

Part 2: Cybersecurity and the Role of Management

Cybersecurity has long been viewed as a “tech” issue that only concerns a company’s IT department. Not anymore! In this episode, Ron Sarian, Chair of Constangy's Digital Workplace & Data Privacy Practice Group, shares his unique…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Human Resources Professionals

See all updates »

As social engineering email attacks increase in sophistication, employee training and awareness rise to the forefront

The Nigerian prince seems almost quaint. Gone are the days when the Nigerian prince was the only nefarious figure menacing our inboxes. A simple yet elegant scheme – our supposed prince unexpectedly fell upon a large sum of…more

Cybersecurity, Email, Employee Training, Phishing Scams, Policies and Procedures

See all updates »

Treating COVID-19 As A Workers’ Comp Illness May Open A Can Of Worms

Employers and insurance carriers have already begun to see workers’ compensation claims as a result of COVID-19 illnesses, and aren’t always sure how to respond. Should the claim be accepted as a compensable “occupational…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

See all updates »

New Law Gives Recall Priority To Workers Laid Off Because Of COVID

SB 93 applies to employers in the hospitality, event, airport and other service industries. When the COVID-19 pandemic hit, it hit hard. Economic activity in California nearly came to a halt, and many employers had no…more

Airports, Anti-Retaliation Provisions, Business Interruption, Coronavirus/COVID-19, DLSE

See all updates »

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months…more

Arbitration, Arbitration Agreements, Burden of Proof, Discovery, Ex Parte

See all updates »

What Boston Mayor Marty Walsh May Bring To The Table As Secretary Of Labor

On January 7, President-elect Joe Biden, a self-described “union man,” announced that he had nominated Boston Mayor Marty Walsh (D), a former union leader, to serve as the nation’s next Secretary of Labor. If confirmed, Mayor…more

Biden Administration, Coronavirus/COVID-19, Secretary of Labor, Unions, Wage and Hour

See all updates »

Avoiding Class And Collective Actions In The COVID-19 Era

On March 16, the City and County of San Francisco issued the nation’s first “shelter in place” order to mitigate the spread of the unrelenting novel coronavirus. Although this drastic move was needed to deal with the negative…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, OWBPA, WARN Act

See all updates »

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

See all updates »

Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBTQ, OFCCP

See all updates »

Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

See all updates »

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

See all updates »

Alabama Department Of Labor Modifies Unemployment Compensation Rules

On March 16, the Alabama Secretary of Labor announced modifications to the Alabama unemployment compensation rules. These changes are meant to provide employees who are affected by COVID-19 an opportunity to apply for…more

Coronavirus/COVID-19, Layoffs, Unemployment Benefits, Unemployment Compensation System, Unpaid Leave

See all updates »

Colorado amends its Privacy Act by adding protection for neural data

On April 17, Colorado Gov. Jared Polis (D) signed into law a bill that will extend privacy rights to individuals’ neural data. Although certain states have enacted privacy laws that include protection of sensitive and biometric…more

Biometric Information, Colorado, Consumer Privacy Rights, Data Protection, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Navigating the Digital Frontier: Employee Privacy Rights and Legal Obligations in the Modern Workplace

Join Constangy partners Ashley Orler and Sarah Rugnetta for an insightful webinar exploring the intricate landscape of employee privacy rights amidst new data privacy laws and the digital evolution of the workplace. In an era…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

See all updates »

Employment-Related COVID-19 Litigation Has Begun

The self-proclaimed first wrongful death lawsuit concerning an employee dying from complications of COVID-19 contracted while working has been filed. On April 6, 2020, the estate of Wando Evans filed suit in Illinois state court…more

Coronavirus/COVID-19, Employer Liability Issues, Wal-Mart, Workplace Safety, Wrongful Death

See all updates »

Massachusetts “Grand Bargain” Is Not So “Grand” For Employers

On June 28, 2018, Massachusetts Governor Charlie Baker signed into law An Act relative to minimum wage, paid family medical leave and the sales tax holiday, compromise legislation also known as the “Grand Bargain.” The new law…more

Governor Baker, Holiday Pay, Minimum Wage, Paid Leave, Sales Tax

See all updates »

CCPA/CPRA enforcement delay overturned

In an opinion filed on Friday, California’s Third District Court of Appeal reversed a lower court ruling that postponed until the end of March the enforcement of regulations promulgated pursuant to the California Privacy Rights…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Compliance, Consumer Privacy Rights, Data Privacy

See all updates »

BREAKING: FTC proposes to outlaw nearly all covenants not to compete in employment context

The new year is off to a roaring start in the field of employment law, with a massive—and unexpected—possible change to the law of restrictive covenants, thanks to a newly proposed federal regulation. Today, the U.S. Federal…more

Executive Orders, Federal Register, Federal Trade Commission (FTC), Joe Biden, Non-Compete Agreements

See all updates »

Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal…more

Affirmative Action, Colleges, Department of Justice (DOJ), Federal Contractors, Harvard University

See all updates »

GA update: Voting leave, no sunset on Kin Care

Georgia’s voting leave law changed effective July 1. First, the Georgia statute was amended to add “advance in-person voting” (early voting) to the types of voting for which employers must allow unpaid time off…more

Caregivers, Family and Medical Leave Act (FMLA), Georgia, Primary Elections, Sick Leave

See all updates »

USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will be…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

See all updates »

Federal court rules that new NLRB joint employer regulations are unlawful

On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. Under…more

Chamber of Commerce, Final Judgment, Joint Employers, NLRA, NLRB

See all updates »

No Child’s Play: States expand child protection online (Part II)

Last week, we discussed action taken by three states, Texas, California, and Ohio, to enhance protection of children’s data online. In this second installment, we shift our attention to address the 2023 legislative efforts of…more

Data Privacy, Data Protection, Data Security, Online Platforms, Online Privacy Protection Act

See all updates »

Pros and cons of “resign to run” laws for elected officials

During this election season, we thought it would be timely to bring up what are commonly referred to as “resign to run” laws. So-called “resign to run” laws require that before an elected official may run for a different…more

Public Employees, Public Officials, Resignation

See all updates »

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s…more

Biden Administration, Electronic Filing, Employer Liability Issues, Inflation Reduction Act (IRA), OSHA

See all updates »

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, FOIA, OFCCP

See all updates »

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

See all updates »

Maryland Online Data Privacy Act is broader, stricter, and more easily triggered than many state privacy laws

On April 6, the Maryland legislature passed the Maryland Online Data Privacy Act of 2024, sending the bill to the state’s governor for signing. The bill comes on the heels of the Kentucky Consumer Data Protection Act, which was…more

Corporate Counsel, Data Collection, Data Privacy, Data Sellers, Maryland

See all updates »

Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Gender Identity, Title VII, Transgender

See all updates »

Illinois Enacts Measures To Address COVID-19

At least nine people have died from COVID-19 in Illinois, and the Department of Public Health reported 1,049 confirmed cases as of March 22, 2020. (Only 105 cases had been identified just one week ago.) To combat the spread of…more

Business Closures, Coronavirus/COVID-19, Infectious Diseases, Operators of Essential Services, Public Health

See all updates »

Welcome To The Digital Workplace! Tips For Employers Navigating Teleworking

As the coronavirus continues to upend businesses, many employers are scrambling to figure out the logistics of the digital workplace and navigate the legal issues that can arise when employees work from home. For employers that…more

Coronavirus/COVID-19, Cybersecurity, Data Security, Over-Time, Remote Working

See all updates »

Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

See all updates »

Happy Holidays To Employers From The NLRB: General Counsel Memorandum Signals Major Changes In The Agency

As many employers are all too aware, over the past several years, the National Labor Relations Board (NLRB) has pursued an aggressive agenda, through case decisions and agency rulemaking, to make it easier for labor unions to…more

Joint Employers, Misclassification, NLRB, NLRB General Counsel, Protected Concerted Activity

See all updates »

Reflections on DEI from an Oscar Party Host

The New England winter brings its usual charm in our neck of the wood, but for me, the excitement lies elsewhere - catching up on Oscar-nominated films before the big night. As the Oscar season approaches, I eagerly anticipate…more

Diversity and Inclusion Standards (D&I), Entertainment Industry, Movies

See all updates »

Franchisor Not Liable For Franchisee’s Tip Policy That Allegedly Violated Massachusetts Law

The Massachusetts Superior Court has recently issued a favorable opinion to franchisors under the Massachusetts Tips Act. In Yarpah v. Bowden Hospitality Newton, LLC d/b/a Crowne Plaza Hotel, Justice Kenneth W. Salinger held…more

Franchisee, Franchisors, Tipped Employees, Wage and Hour

See all updates »

The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

See all updates »

Private causes of action not preempted by COPPA, court says

In Jones v. Google, LLC, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that a district court judge erred in finding that state privacy claims were preempted by the federal statutory framework…more

COPPA, Cybersecurity, Data Collection, Data Protection, Federal Trade Commission (FTC)

See all updates »

Navigating the Digital Frontier: Employee Privacy Rights and Legal Obligations in the Modern Workplace

Join Constangy partners Ashley Orler and Sarah Rugnetta for an insightful webinar exploring the intricate landscape of employee privacy rights amidst new data privacy laws and the digital evolution of the workplace. In an era…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

See all updates »

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated in…more

Abandonment, Appellate Courts, Arbitration, Disability Discrimination, Federal Arbitration Act

See all updates »

LA Tries To close Gap Left By Families First

Large employers will have to provide COVID-19 leave. On March 27, the Los Angeles City Council passed a paid sick leave ordinance to require that large employers provide additional paid sick leave for reasons related to the…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave, Wage and Hour

See all updates »

Recent Audit Reveals The DOL's Distribution Initiative

We recently witnessed the DOL's 401K audit priorities first hand. In auditing 401K plans, the U.S. Department of Labor previously focused on determining how quickly employers could deposit employee deferral contributions…more

401k, Audits, Department of Labor (DOL), Employee Benefits, Individual Retirement Account (IRA)

See all updates »

Arbitration Compelled, Despite Ambiguous Agreement

And in California, yet! Finally, some good news for employers on the arbitration front. In a recent decision, a California appeals court decision sent a case to binding arbitration, despite clear ambiguities in the…more

Arbitration Agreements, California, Class Action, Federal Arbitration Act, Rest and Meal Break

See all updates »

Demystifying Immigration Law

Immigration Law has a reputation for being something only multinational companies are concerned with, but is that true? How can companies use immigration law to identify the best talent for their organizations? Join host Bill…more

Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Green Cards, Hiring & Firing

See all updates »

Decoding Discrimination Laws: What Employers Need to Know

Join Constangy attorneys Joyce Dos Santos and Joanna MacMillan for an insightful webinar as we delve into the complex landscape of workplace discrimination laws and provide essential guidance for employers. In today's diverse…more

Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Employment Policies

See all updates »

New CPRA employee rights take effect January 1. Are you ready?

The California Privacy Rights Act will go into full effect on January 1. The CPRA is commonly referred to as a “new” act, but is actually an add-on/modification to the California Consumer Privacy Act of 2018, which has been in…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Employee Privacy Rights, Exempt-Employees, General Data Protection Regulation (GDPR)

See all updates »

Video Privacy Protection Act claims are on the rise

Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy…more

Cookies, Data Privacy, Data-Sharing, Facebook, Mobile Apps

See all updates »

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

See all updates »

H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Conrad 30 Waiver, Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS

See all updates »

NLRB ruling is a win for the gig economy

The National Labor Relations Board has recently reaffirmed "entrepreneurial opportunity" as an important factor in weighing independent contractor status. The case, SuperShuttle DFW, Inc., involved shuttle-van drivers who were…more

Gig Economy, Independent Contractors, NLRA, NLRB, Wage and Hour

See all updates »

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

See all updates »

“Significant harm” not needed for discriminatory transfer claim, SCOTUS says

Just a little harm will do. On Wednesday, the U.S. Supreme Court unanimously ruled that Title VII does not require a plaintiff to show that a discriminatory transfer to another position caused her to suffer “significant” or…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

See all updates »

Colorado Employers Ordered To Reduce In-Person Workforce By Fifty Percent

In response to the growing number of COVID-19 cases, Colorado Governor Jared Polis issued an executive order requiring all non-critical employers to reduce their in-person workforce by 50 percent. The order goes into effect on…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Quarantine

See all updates »

NLRB puts kibosh on American tradition of whiskey for votes

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years earlier…more

Administrative Law Judge (ALJ), Cemex, Collective Bargaining, Joe Biden, Labor Relations

See all updates »

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

See all updates »

Reasonable minds can differ

What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios…more

Best Practices, Corrective Actions, Employee Handbooks, Employer Liability Issues, Employment Policies

See all updates »

NJ Governor signs temp worker bill of rights

Yesterday New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights.” This law provides new legal protections to the estimated 127,000 individuals employed by temporary staffing agencies in New…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

See all updates »

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s…more

Biden Administration, Electronic Filing, Employer Liability Issues, Inflation Reduction Act (IRA), OSHA

See all updates »

City Of San Francisco Rolls Out Its Own Paid Sick Leave Program

Here are the specifics. Previously, we gave you a sneak peek at the City of San Francisco’s Workers and Families First Paid Sick Leave Program, which is intended to combat the economic hardships to be faced by the City’s…more

Coronavirus/COVID-19, Local Ordinance, Paid Leave, Sick Leave

See all updates »

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many conversations…more

Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Equal Pay, Equal Pay Act

See all updates »

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s…more

Biden Administration, Electronic Filing, Employer Liability Issues, Inflation Reduction Act (IRA), OSHA

See all updates »

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the…more

Beneficiaries, Department of Homeland Security (DHS), Foreign Workers, H-1B, Immigrants

See all updates »

New Law Lets Employees Sue For Late Payment Of Wages

If you thought employers were overburdened with wage penalties in California, you were wrong. Well, you were right, but apparently the California legislature doesn't think so…more

Corporate Counsel, Employer Liability Issues, Labor Code, Private Attorneys General Act (PAGA), Wage and Hour

See all updates »

California Mandates Supplemental Paid COVID-19 Leave For Food Workers

Gov. Newsom expands leave to food sector workers. On April 16, Gov. Gavin Newson (D) issued Executive Order N-51-20, expanding the availability of paid sick leave related to COVID-19 for food sector workers who are employed…more

Coronavirus/COVID-19, Executive Orders, Food Service Workers, Governor Newsom, Paid Leave

See all updates »

New York State joins NYC in passing salary disclosure law

As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender, race, and…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

See all updates »

Florida Expands Requirement For Reporting New Hires, Independent Contractors To Department Of Revenue

In an effort to increase child support payment collections, recent amendments to Florida’s family laws directly affect employers and businesses in the state. These amendments took effect October 1. Historically, Florida…more

Child Support, Department of Labor (DOL), Department of Revenue, Florida, Independent Contractors

See all updates »

Massachusetts Releases Amended Proposed Paid Family And Medical Leave Regulations

In 2019, the Massachusetts Legislature passed a Paid Family and Medical Leave Law. The law provides for 12 weeks of paid family leave per benefit year, 20 weeks of paid medical leave for the worker’s own serious health…more

Accrued Benefits, Active Duty, Family and Medical Leave Act (FMLA), Health Care Providers, Paid Leave

See all updates »

Paid Sick Leave Under The FFCRA: What Does It Mean To Be Unable To Work Due To A Quarantine Or Isolation Order?

The Families First Coronavirus Response Act requires employers with fewer than 500 employees to provide paid sick leave and expanded family and medical leave to employees who are unable to work due to COVID-19. The statute lists…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Sick Leave

See all updates »

California employers, it’s not too late to get on track for 2023

It’s never dull moment in California. If you have gone astray with tackling your list of 2023 priorities, we will help you get back on track. Below are some key (but certainly not all!) compliance areas that employers with…more

Arbitration Agreements, California, California Consumer Privacy Act (CCPA), Pay Transparency, Private Attorneys General Act (PAGA)

See all updates »

Current FMLA Forms Won't Expire Until June 30

The expiration date for the current FMLA forms has been extended, from May 31 until June 30. The forms issued by the U.S. Department of Labor under the Family and Medical Leave Act were set to expire last week, but the DOL…more

Department of Labor (DOL), Employer Liability Issues, Family and Medical Leave Act (FMLA), OMB

See all updates »

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

See all updates »

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

See all updates »

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

See all updates »

Colorado bans the box

Colorado has become the latest jurisdiction to join the “ban the box” movement. The Colorado Chance to Compete Act, signed into law by Gov. Jared Polis (D) on May 28, will take effect September 1 for employers with 11 or more…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

See all updates »

Top Three Pregnancy Pitfalls for Employers

Join host Leigh Tyson as she interviews Lara de Leon of our San Antonio and California offices about the three ways employers are most likely to make mistakes with their employees who are pregnant. (Plus a bonus review of the…more

Breastfeeding, Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

See all updates »

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s…more

Biden Administration, Electronic Filing, Employer Liability Issues, Inflation Reduction Act (IRA), OSHA

See all updates »

DOL Announces 2018 Minimum Wage For Employees Of Some Federal Contractors

On September 15, the U.S. Department of Labor announced the 2018 minimum wage rates for covered federal contractors and subcontractors. Beginning January 1, 2018, federal contractors covered by these requirements will be…more

Department of Labor (DOL), Employer Liability Issues, Executive Orders, Federal Contractors, Minimum Wage

See all updates »

What GA Employers Need To Know About The Hands-Free Driving Law

The Hands-Free Georgia Act took effect on July 1. Georgia has joined a number of states in prohibiting certain actions related to cell phone use while driving. This new law comes after Georgia saw more than 1,500 people die…more

Cell Phones, Distracted Driving, Mobile Devices, Text Messages

See all updates »

Right-To-Work In Missouri? Voters Say “No” After Legislature Says “Yes”

Right to work goes down in defeat. In a victory for organized labor, Missouri voters Tuesday overwhelmingly rejected (more than 2-to-1) the state’s right-to-work law, which was passed by the legislature and signed by the…more

Employer Liability Issues, Right to Work, Union Dues, Unions

See all updates »

Retailer - Summer 2017

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next decade, a…more

Department of Labor (DOL), Over-Time, Retail Market, Retailers, Salary/Wage History

See all updates »

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s…more

Biden Administration, Electronic Filing, Employer Liability Issues, Inflation Reduction Act (IRA), OSHA

See all updates »

Illinois Supreme Court clarifies Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act, enacted in 2008, was designed to provide individuals with control over their biometric information and to establish standards for collection. The Illinois Supreme Court has…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining, Facial Recognition Technology, Fingerprints

See all updates »

Cyber AI Chronicles I – Introduction to Artificial Intelligence

Artificial Intelligence is not a new concept or endeavor. In October 1950, Alan Turing published “Computing Machinery and Intelligence,” proposing the question: Can machines think? Since then, the concept has been studied at…more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Security, Machine Learning

See all updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

See all updates »

Understanding what's at “The Heart of Business"

Can business be a force for good? What happens when you have a noble purpose, put people at the center, embrace all stakeholders, treat profit as an outcome, and push your suppliers, vendors and partners to embrace key values…more

Business Development, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Move Over, California! A Summary Of New Employee-Friendly Laws In Virginia

Until this year, most employers doing business in Virginia had to comply with very few employment laws beyond those at the federal level, and the overwhelming number of employment disputes in Virginia were resolved in federal…more

Discrimination, Governor Northam, Independent Contractors, Minimum Wage, Misclassification

See all updates »

Colorado’s Safer At Home Orders Add New COVID-19 Protections For Workers

Colorado’s “Safer at Home” Executive Order and accompanying Public Health Order include new anti-discrimination provisions, new protections for employees with COVID-19, and new safety requirements for employers. Protections…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Personal Protective Equipment

See all updates »

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022…more

Biden Administration, Computer Fraud and Abuse Act (CFAA), Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

See all updates »

A Reflection On PRIDE And family

June is Pride month, which celebrates Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, Allies and Pansexual (LGBTQIA+) persons. The annual recognition of Pride is in June to honor the Stonewall Riots of 1969. The…more

Adoption, Citizenship, Foster Children, Immigration, LGBTQ

See all updates »

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

Americans with Disabilities Act (ADA), Criminal Background Checks, Cybersecurity, Disability, Employer Liability Issues

See all updates »

New York State joins NYC in passing salary disclosure law

As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender, race, and…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

See all updates »

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide