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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Jackson Lewis P.C.

As Businesses Re-Open In California, COVID-19 Supplemental Paid Sick Leave Continues

Jackson Lewis P.C. on

While the past week brought many changes around California for COVID-19 requirements, both the state statute and several local supplemental paid sick leave ordinances persist. The statewide COVID-19 Supplemental Paid...more

SmithAmundsen LLC

OSHA ETS: What Health Care Providers Need To Know

SmithAmundsen LLC on

On June 10, 2021 OSHA issued its COVID-19 Emergency Temporary Standard (ETS) for the health care industry, along with general guidance for all other employers, which we already touched on in a previous post. However, there...more

Thomas Fox

FCPA Compliance Report - Mary Ann Faremouth on Revolutionary Reinvention

Thomas Fox on

In this Episode of the FCPA Compliance Report, I am joined by Mary Ann Faremouth, founder of Faremouth and Company and inventor of the Faremouth Method. She joins me to discuss her latest book Revolutionary Reinvention and...more

Thomas Fox

Daily Compliance News: June 21, 2021 the Take it Easy edition

Thomas Fox on

In today’s edition of Daily Compliance News: • Lina Khan and Halloween candy. (FT) • FAA goes all in for data analytics. (WSJ) • Art sales often hide money-laundering. (NYT) • Take It Easy. (FT) ...more

Thomas Fox

Trekking Through Compliance-Episode 19-Tomorrow is Yesterday

Thomas Fox on

In this episode of Trekking Through Compliance, we consider the episode Tomorrow is Yesterday which aired on January 26, 1967, Star Date 3113.2. Compliance Takeaways: 1. Sometimes unexpected developments can cause...more

Thomas Fox

Daily Compliance News: June 19, 2021 the Charlie the Tuna edition

Thomas Fox on

In today’s edition of Daily Compliance News: • Visualizing data goes mainstream? (New Yorker) • When the world’s supply is one manufacturer. (WSJ) • When is a tuna sandwich a tuna sandwich? (NYT) • EU Prosecutor is...more

Thomas Fox

Sunday Book Review: June 20, 2021, the Bills Gates List edition

Thomas Fox on

• Lights Out: Pride, Delusion, and the Fall of General Electric— Thomas Gryta and Ted Mann • Under a White Sky: The Nature of the Future — Elizabeth Kolbert • A Promised Land — Barack Obama • The Overstory — Richard Powers...more

Weiner Brodsky Kider PC

Supreme Court Narrows Computer Crime Law

The U.S. Supreme Court recently held that the Computer Fraud and Abuse Act (CFAA) is not applicable to someone who accesses a computer he or she is allowed to access, and does not exceed the scope of the information he or she...more

Jackson Walker

What the Supreme Court’s Ruling on the Affordable Care Act Means for Employers

Jackson Walker on

During the last administration, Texas joined by a number of other states filed suit seeking to overturn the Patient Protection and Affordable Care Act (ACA) because the individual mandate penalty in such law had its penalty...more

Manatt, Phelps & Phillips, LLP

It’s Official—Vaccinated California Workers Can Go Mask-Free at the Office

As California announced its official statewide reopening on June 15, 2021, employers remained in the dark awaiting an official announcement from Cal/OSHA on new face-covering guidance. While initially proposing requirements...more

Manatt, Phelps & Phillips, LLP

OSHA Releases COVID-19 Emergency Temporary Standards for Health Care Industry

On June 10, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released its long-awaited COVID-19 Emergency Temporary Standard (ETS), establishing new COVID-19-related mandatory...more

Manatt, Phelps & Phillips, LLP

EEOC Updates COVID-19 Guidance on Employee Vaccinations

Providing additional guidance to employers, the Equal Employment Opportunity Commission (EEOC) released updated and expanded COVID-19 pandemic-related technical assistance in the form of a new Q&A document....more

Ward and Smith, P.A.

One Year Later: Have Employers Taken Stock Following Bostock?

Ward and Smith, P.A. on

This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more

Manatt, Phelps & Phillips, LLP

California Employer Dodges Wife’s Suit Over Husband’s COVID-19

Does an employer have a duty to protect an employee’s spouse from becoming infected with COVID-19? No, a California federal court recently held, dismissing a lawsuit filed by Corby Kuciemba alleging that her husband,...more

Manatt, Phelps & Phillips, LLP

Employee’s EPSLA Claim Survives Motion to Dismiss

An employee who was fired after a positive COVID-19 test can pursue a claim of wrongful termination under the Emergency Paid Sick Leave Act (EPSLA), a federal court in Texas has ruled. ...more

Manatt, Phelps & Phillips, LLP

Employee’s Suit Over Possible Termination Due to COVID-19 Moves Forward

An employee who was allegedly terminated for taking several days of medical leave for a respiratory illness that could have been COVID-19 can move his lawsuit forward, a New York federal court has ruled....more

Fisher Phillips

It’s Final – California Revised COVID-19 Workplace Safety Rules are Now in Effect

Fisher Phillips on

After a whirlwind several weeks, California just finalized changes to Cal/OSHA’s Emergency Temporary Standard (ETS) that immediately took effect and will require workplaces across the state to adjust their pandemic-related...more

Manatt, Phelps & Phillips, LLP

Cal/OSHA Moves to Modify New COVID-19 Safety Requirements for Businesses

After a brief period of uncertainty, it appears that California Occupational Safety and Health (Cal/OSHA) will bring COVID-19 workplace mask regulations in line with federal and other state regulations that permit vaccinated...more

Weil, Gotshal & Manges LLP

Scraping Suit Stymied after Van Buren

On June 14, 2021, the U.S. Supreme Court granted certiorari in LinkedIn Corp. v. hiQ Labs, Inc., one of the most significant Circuit-level decisions to date on the practice of data scraping. In light of the Court’s recent...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021

Hinshaw's LHD/ERISA Advisor remains committed to bringing you recent legal developments that may guide your life, health, and disability litigation strategy and claims decisions....more

Downey Brand LLP

COVID-19 Employers’ Requirements Update

Downey Brand LLP on

Yesterday, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order to allow those revisions to take immediate effect. Some of these changes are...more

CDF Labor Law LLP

Cal/OSHA Voted To Approve Revised ETS Standards Bringing More Comfort to The Workplace

CDF Labor Law LLP on

Yesterday, the Cal/OSHA standards board approved the revised Emergency Temporary Standards, posted on Friday, June 11.  While the ETS were approved without revision and will take effect Monday, June 21, Governor Newsom has...more

Crowe & Dunlevy

OSHA Relaxes COVID-19 Enforcement Rules Regarding Recording Requirements

Crowe & Dunlevy on

OSHA Relaxes COVID-19 Enforcement Rules Regarding Recording Requirements - The Occupational Safety and Health Administration (OSHA) has joined the Equal Employment Opportunity Commission (EEOC) in encouraging and...more

FordHarrison

Cal-OSHA Adopts Latest Revised COVID-19 Prevention Emergency Temporary Standards

FordHarrison on

On June 17, 2021, the California Division of Occupational Safety and Health (“Cal-OSHA”) voted to adopt its (now third) revised COVID-19 Prevention Emergency Temporary Standards, which take effect immediately as a result of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Cal/OSHA COVID-19 Regulations Take Effect IMMEDIATELY

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergency Temporary Standards (ETS) finally became effective. The ETS bring substantial changes to the COVID-19...more

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JD Supra Privacy Policy

Updated: Apr 27, 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.

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Collection of Information

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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:

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How is your information shared?

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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.
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    • 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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).
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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.
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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.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.