Notice Requirements

News & Analysis as of

Paid Family and Medical Leave for D.C. Employees To Become Law

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the...more

Construction Defect – Strict Compliance with Right to Repair Response Deadline Required

A residential builder must assert insufficiency of claimant’s notice within 14 days under the California Right to Repair Act also known as SB 800. William Blanchette, et al. v. The Superior Court of Imperial...more

UPDATE: Los Angeles Ban the Box - New Individualized Assessment and Reassessment Form

Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more

Curing What Ails You – Relief for Small Employer HRAs

The impact of the Affordable Care Act (“ACA”) on health reimbursement arrangements (“HRAs”) has not been favorable. Many employers got rid of their HRAs or integrated them with a major medical plan in order to avoid...more

California Employers Are Subject to New Requirements When Using Criminal History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Serving contractual notices: wrong method, right result

Contracts usually stipulate for specific requirements that need to be carefully followed in serving contractual notices, failing which serious issues may arise. Two recent cases highlight the courts' approach to notice...more

Impending New York Regulation Discouraging Payment By Direct Deposit And Debit Card Struck Down

Yesterday, the New York Industrial Board of Appeals struck down a regulation adopted by the New York Department of Labor (NYDOL) which sought to regulate the manner in which employers pay wages. The impending regulation,...more

The District of Columbia Passes the Nation’s Most Expansive Paid Family and Medical Leave Law

On February 15, 2017, District of Columbia Mayor Muriel Bowser announced that she will not veto the Universal Paid Leave Amendment Act of 2016 (Bill 21-415) (“Act”), previously passed by the D.C. Council on December 22, 2016....more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

Local and State Developments Impact San Francisco Paid Parental Leave Obligations

Developments at the local and state level have affected what employers must do to comply with the San Francisco Paid Parental Leave Ordinance (“SF PPLO” or the “Ordinance”). The SF PPLO took effect on January 1, 2017 (for...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to...more

New Law on Revenge Evictions Goes Cold

The BBC reported this week that fewer than half of the local authorities in England have been called upon to prevent so-called “revenge evictions” since new laws came into force on 1 October 2015....more

What Is Prompt Notice? Second Circuit Analyzes Late Notice In New York

Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim...more

CFTC Extends Deadline for Notice Filings under Amended Position-Limit Aggregation Rules

On February 6, 2017, the Division of Market Oversight of the U.S. Commodity Futures Trading Commission (the “CFTC”) issued temporary no-action relief from the notice filing requirements applicable to persons who rely on...more

New Law Requires Written Notice to Employees on Hire (and Existing Employees upon Request) of Rights of Victims of Domestic...

California law already prohibits employers with 25 or more employees from discriminating or retaliating against employees who take time off work for specified purposes related domestic violence, sexual assault, or stalking....more

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more

Supreme Court Grants Certiorari in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. F.3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 F.3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit. The petitions involve the...more

Guidance From the City of Los Angeles: New Ban the Box Regulations

Seyfarth Synopsis: The City of Los Angeles recently issued its anticipated Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on...more

You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more

[Event] A Nuts-and-Bolts Conversation About Terms of Use for Websites, Software and Contracts - March 2nd, Seattle, WA

BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more

You May Have a Failure to Communicate — State Notice Requirements Are Plentiful

Your company probably makes written offers of employment. After all, it makes good sense — it confirms basics about the job, such as the position being offered and pay rate. For the applicant, it makes clear the terms of the...more

Reliance on the Employment Contract–AKA "But It's Not Fair"

Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute. There has been a general judicial recognition of...more

UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer

Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more

Roust’s Rapid Road to Confirmation: Confirmation of a Prepackaged Plan in the Southern District of New York in Less Than a...

In less than a week after its bankruptcy filing, a debtor was able to obtain confirmation of its prepackaged plan of reorganization in the Bankruptcy Court for the Southern District of New York. In allowing the case to be...more

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