Notice Requirements

News & Analysis as of

Some Gramm-Leach-Bliley Notices Can Now Be Posted Online

Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection...more

CFPB issues final rule allowing alternative online delivery method for annual privacy notices

Nearly three years after identifying the Gramm-Leach-Bliley Act (GLBA) annual privacy notice requirement as a candidate for streamlining, the CFPB issued a final rule earlier this week to allow financial institutions that...more

Connecticut Law Imposes New Merger Regulations on Physician Combinations

On October 1, a first-of-its-kind law became effective in Connecticut that requires group medical practices and hospitals in that state to provide the Attorney General with 30 days’ notice prior to consummating any merger or...more

Trends in New Jersey Employment Law - October 2014

Four More New Jersey Cities Enact Sick Leave Laws - Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their...more

NLRB and DOL Gang Up On Employers with Referral System

In August 2014, by Memorandum OM 14-77, the National Labor relations Board (NLRB) notified its Regional Offices that NLRB agents should take an active role in notifying employees who file unfair labor practice charges of...more

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

Contractors: Beware the Subordination Clause

Did you know that California is the only state in the country in which mechanics liens are a constitutional right? Tis true. Article XIV of the California Constitution states: Mechanics, persons furnishing...more

California's Prop 45: Sticking it to "the Man" or to the People?

Continuing our series covering the various measures Californians will see on the 2014 midterm election ballot, we now turn to Proposition 45, or the Public Notice Required for Insurance Company Rates Initiative....more

New Developments and Impending Deadlines for Employer Group Health Plans

As the federal government agencies continue to push forward with implementation and administration of health care reform (i.e., the Patient Protection and Affordable Care Act), there are two recent developments that we want...more

EPA Reworks Strategy For Regulation of Nanomaterials Under TSCA; Proposed Rule Sent to OMB

The Environmental Protection Agency (EPA) has withdrawn its long-delayed proposal to regulate nanotechnology under the Toxic Substances Control Act (TSCA) and submitted a new alternative proposed rule for consideration and...more

New District of Columbia Law Greatly Expands Remedies for Wage Law Violations and Places New Notice Requirements on Employers

On September 19, 2014, Mayor Vincent C. Gray signed the “Wage Theft Prevention Amendment Act of 2014” (“Act”) (D.C. Act 20-426). The Act generally broadens the coverage of, and expands the notice requirements, means of...more

Second Circuit Affirms Insurer’s Late Notice Disclaimer

In its recent decision in Indian Harbor Ins. Co. v. The City of San Diego, 2014 U.S. App. LEXIS 18986 (2d Cir. Oct. 2, 2014), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Third Quarter 2014: States Expanding Data Breach Notification Requirements

California, Florida, Kentucky, and Iowa have changed their security breach notification requirements in the past few months: California passed legislation effective January 1, 2015, that for the first time, addresses...more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more

No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received...more

California Passes New Data Breach Laws: Requirement to Offer Identity Theft Protection at No Cost, New Duties Imposed on...

California added new provisions to its data breach law on October 1 by signing Bill AB 1710 into law. The amendment to California’s Civil Code (1) requires entities that experience a data breach to provide identity theft...more

NJ Supreme Court: Consumer Contract Arbitration Clauses are Unenforceable Unless Consumers Are Clearly Notified that Court Redress...

Arbitration clauses in consumer contracts are unenforceable in New Jersey unless they specifically state that a consumer is waiving the right to pursue statutory and constitutional remedies in court, the New Jersey Supreme...more

Failure to Advise Employee of Consequences of Not Returning Medical Certification Form Results in FMLA Interference Verdict

The Family and Medical Leave Act permits employers to require eligible employees to submit medical certification of their need for personal or companionship FMLA leave. Under Department of Labor rules, employees have 15 days...more

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

Massachusetts Now Requires Employers to Provide Domestic Violence Leave

Massachusetts has enacted a law requiring employers with 50 or more employees to grant employees “domestic violence leave.” The law, entitled “ An Act Relative to Domestic Violence,” was approved by Governor Deval Patrick on...more

60-Day Notices for Phthalate DINP Can Begin on December 12, 2014

As previously reported, Diisononyl phthalate (DINP) was added to the Proposition 65 list on December 12, 2013. This means under the Proposition 65 regulations that plaintiffs can begin serving companies with Proposition 65...more

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

September and October 2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of...more

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