Notice Requirements

News & Analysis as of

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an...more

NY DFS Proposed Cybersecurity Regulations Revised and Implementation Delayed

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28,...more

State Data Breach Notification Laws

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

The Undoing Project – Why NAFTA Can’t be Undone, but Can be Re-Done

Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable,...more

Morristown, New Jersey Paid Sick Leave Notice and Poster Now Available

In advance of the January 11, 2017 effective date of the Morristown Paid Sick Leave Ordinance, the Town of Morristown, New Jersey just released its “Notice of Employee Rights to Paid Sick Time” (in addition to a Spanish...more

New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

Morristown, New Jersey, Issues Paid Sick Leave Employee Notice

Morristown, New Jersey, has released the “Notice of Employee Rights to Paid Sick Time” for use by employers preparing for the Morristown Paid Sick Leave Ordinance’s January 11, 2017, effective date. (For details on the...more

Commercial Division Trial to Address Collateral Call and Dispute Resolution Provisions of ISDA Agreements

In a case with potentially broad implications for participants in the leveraged loan and derivatives markets, Justice Eileen Bransten will conduct a bench trial starting next week in the long-running dispute between a...more

New Jersey Minimum Wage Update, Poster Update, and Annual Reminders

As 2016 comes to a close, we remind New Jersey employers to take note of the state’s minimum wage increase, effective January 1, 2017, and to tend to some notice and poster housekeeping. First, effective January 1,...more

Effective January 1, 2017: New Federal Contractor Paycheck Transparency, Independent Contractor Notice, and Paid Sick Leave...

On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect.  Below we summarize the key elements of these new regulatory requirements....more

Looking Forward: New California Laws for Public Agencies

Like years past, there were plenty of laws passed in Sacramento in 2016 that will impact public agencies. Here is a summary of those that have specific importance to your work. We hope that you will contact us for further...more

D.C. Council Advances Expansive Family and Medical Leave Bill

On December 20, 2016, in a 9-4 vote, the Washington, D.C. Council passed bill B21-0415, The Universal Paid Leave Act of 2015. The bill will establish a universal paid leave system for individuals who work in the District of...more

District of Columbia Passes Expansive Paid Leave Law

After more than a year of debate, on December 20, 2016, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. DC now joins California, New Jersey, New York and Rhode Island...more

New Minimum Wage and Paid Sick Leave Laws for Washington Employers

November 2016 was a dynamic month for laws relating to Washington State workers.  At the state level, Washington voters approved Initiative Measure No. 1433 (“the Law”), which provides incremental increases of the state...more

Loi Travail : le bulletin de paie dématérialisé, nouvelle formule

Le décret d'application ayant été publié le 16 décembre 2016, les nouvelles dispositions de la loi Travail relatives à la dématérialisation des bulletins de paie entreront en vigueur le 1er janvier 2017....more

Foreclosures – Enforcement of Judgments – Equitable Redemption

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

A New Wave Of Class Action Lawsuits Targets Employers That Provide Deficient COBRA Notices

In a series of recent class action lawsuits involving Wal-Mart Stores Inc., BB&T Co., Shipcom Wireless Inc., and other employers, current and former employees who were eligible for COBRA continuation health coverage have...more

Handbooks, Onboarding and Gingerbread Lattes

My December routine is pretty predictable…sitting by the fire with my favorite holiday season beverage and my laptop fully charged to update employment handbooks and forms for the new year. As an employment law policy and...more

Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies

In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter...more

No Stay for Other Pay-Related Regulations

A trio of recent court decisions staying implementation of the controversial persuader rule, most of the much-criticized Fair Pay and Safe Workplaces (“FPSW”) executive order, and the Department of Labor’s highly publicized...more

The Doctor is In - DOL Issues Final Rule Requiring Paid Sick Leave for Employees of Federal Contract

On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the ”final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees. The final rule...more

Pulling the Seat From Under PAGA Plaintiffs

From the time of its enactment, the California Private Attorneys General Act of 2004 (“PAGA”) has been a thorn in the side of employers. For example, the California Supreme Court insists PAGA actions are not class actions,...more

San Jose’s Opportunity to Work Ordinance: New Peculiarity for Employers

Seyfarth Synopsis: On November 8, 2016, San Jose voters approved the most recent local effort to dictate employment scheduling practices. Beginning in March 2017, San Jose employers must offer existing part-time employees...more

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