II-35- The New Sexual Harassment Training/Policy Requirements in New York State and New York City
The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary...more
Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more
On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act...more
It’s been a busy spring at the California state capitol. Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out. The bill would essentially create joint liability for...more
On 12 January 2019, the Italian Government enacted Legislative Decree No. 14 (so called "business crisis and insolvency code (codice della crisi d’impresa e dell’insolvenza)", which entered into force on 15 July 2022 (the...more
In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute. The SJC held that the...more
On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed...more
Last month, the Mexican federal government sent the proposed 2022 Economic Plan (the Proposal) to the Congress of the Union, which includes the 2022 Federal Budget, as well as the 2022 Revenue Law (Ley de Ingresos) and...more
New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more
Earlier this week, the Mexican Congress approved the proposed amendments on outsourcing and insourcing activities. A brief summary of the relevant provisions of these new laws can be found below: 1. As expected, the...more
Under the Copyright Act, an owner of a copyright suing for infringement may elect to seek statutory damages instead of actual damages. The amount of statutory damages under the Copyright Act are limited to $30,000 for...more
Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more
To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, section 502(b)(6) of the Bankruptcy Code caps the amount of a landlord's claims...more
New Jersey businesses will now face an increased slate of potential penalties for misclassification violations thanks to a series of bills just signed into effect by Governor Phil Murphy, but gig economy companies can breathe...more
Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more
Connected and autonomous vehicles ("CAVs") are expected to become a reality on roads across modern economies in the near future. In 2018, the EU estimated that, provided a sufficient regulatory and enabling framework is in...more
Con le recenti risposte alle istanze di Interpello n. 276 e n. 277, l’Agenzia delle Entrate (“Agenzia”) ha commentato la disciplina dell’articolo 14 del d.lgs. 472/1997 in materia di responsabilità solidale del cessionario (o...more
Spouses who file a joint income tax return are both jointly and severally liable for the taxes associated with the return, both federally and at the state level. If the joint tax liability is not paid, or additional tax is...more
As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the...more
The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more
Website plug-ins such as Facebook’s “Like” button are becoming increasingly common on websites to promote websites’ products and services on social media platforms. However, a recent ruling by the European Union Court of...more
On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through...more
Dear YouDig?, We built a beautiful new building. Our customers and employees love it. What many of them don’t know is that the “AC” part of the HVAC is jacked up and summer is a-comin’. I complained and the GC came to my...more
Joint liability for breach of fiduciary duty claims is a rather confusing area of law in Texas. Texas courts have discussed three different theories that allow for joint liability: knowing participation in breach of fiduciary...more
While much attention has been paid to the maximum level of administrative fines under the General Data Protection Regulation (GDPR) — up to 4 percent of total worldwide annual turnover — the regulation also provides for...more