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Thomas Fox

Daily Compliance News: May 15, 2021 the To Mask or Not to Mask edition

Thomas Fox on

What are some of the top compliance stories for May 15, 2021? Check in on the Daily Compliance News to find out. In today’s edition of Daily Compliance News: CDC drops mask mandate for vaccinated persons . (NYT) What...more

Jones Day

Illinois Employers Face Significant New Requirements, Penalties Under Equal Pay Act, Business Corporation Act Amendments

Jones Day on

The Situation: Recent amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act of 1983 create significant new reporting and certification requirements for Illinois employers, along with new...more

Ward and Smith, P.A.

A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities

Ward and Smith, P.A. on

First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from the American Rescue Plan (ARP). Now, the less than good news: all municipalities, other...more

Mintz - Employment, Labor & Benefits...

CDC Vaccination Guidance Does Not Supersede State and Local Workplace Regulations

On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor...more

Proskauer - Law and the Workplace

CDC Updates Guidance Regarding Fully Vaccinated Individuals

On May 13, 2021, the CDC issued important updates to its guidance regarding fully vaccinated individuals. The updated guidance now states that individuals who are “fully vaccinated” against COVID-19 (i.e., two weeks have...more

Littler

DOL Withdraws Independent Contractor Regulations, Meaning More Uncertainty for Employers

Littler on

On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more

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

Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer

On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his...more

Proskauer - Whistleblowing & Retaliation

M.D. Pennsylvania Grants Summary Judgment on SOX Retaliation Claim

On April 12, 2021, the U.S. District Court for the Middle District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the company demonstrated...more

Hogan Lovells

How should employers respond to new CDC guidance stating that fully vaccinated individuals can resume activities without masks or...

Hogan Lovells on

On May 13, 2021, the CDC updated its guidance for fully vaccinated individuals (Vaccination Guidance), stating that fully vaccinated people (fully vaccinated means two weeks after receiving a second dose of the Moderna or...more

Morgan Lewis

EU Settlement Scheme Deadline of 30 June 2021 Approaches

Morgan Lewis on

There are now less than 50 days to go until the 30 June 2021 deadline for all EU, EEA, and Swiss nationals and their family members to apply under the EU Settlement Scheme. Individuals who started living (and can prove this)...more

Cozen O'Connor

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act

Cozen O'Connor on

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (HERO Act) into law. The HERO Act creates occupational safety and health standards in the private sector for all airborne...more

Dentons

Return to the workplace in the UK: COVID-19 testing

Dentons on

Rapid COVID-19 testing has been hailed by the Health and Social Care Secretary as vital for our roadmap out of lockdown. In a similar vein, the government has introduced a workplace testing scheme in England under which...more

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

U.S. Embassy in Moscow Announces Significant Reduction of Consular Services

U.S. Embassy Moscow recently announced plans to reduce its consular workforce by 75 percent and significantly reduce its consular services. The announcement comes in response to the Russian government’s move to ban the U.S....more

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

Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations

Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference....more

Miles & Stockbridge P.C.

Employers Give It A “Shot” - How the Covid-19 Vaccine May Impact the Workplace: Part 2: Can You Offer Employees Incentives for...

There’s a legal answer and a practical one. Because we’re lawyers, let’s start with the legal answer. Yes, an employer can offer employees incentives to get vaccinated....more

Littler

Ontario, Canada Extends Stay-at-Home Order Until at Least June 2, 2021

Littler on

On May 13, 2021, Ontario announced the extension of its Stay-at-Home Order, which was set to expire on May 19, 2021, until at least June 2, 2021. All public health and workplace safety measures under the provincewide...more

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

CDC Updates Guidance for Fully-Vaccinated Individuals: Is it Time to Shed the Face Mask and Relax Social Distancing?

The U.S. Centers for Disease Control and Prevention (CDC) updated its guidance, titled Interim Public Health Recommendations for Fully Vaccinated People, on May 13, 2021, rolling back recommendations for wearing  face masks,...more

Ary Rosenbaum

Johnson & Johnson wins 401(k) lawsuit

Ary Rosenbaum on

A New Jersey Federal District Court dismissed a complaint by participants in 3 Johnson & 401(k) plans, who alleged that plan fiduciaries failed to protect their investments in company stock offered as a plan investment...more

Morgan Lewis - Tech & Sourcing

DOL Issues Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Recordkeepers, Plan Participants – Part 2

Last week, we posted on the guidance issued by the US Department of Labor (DOL) for plan sponsors, plan fiduciaries, recordkeepers, and plan participants on cybersecurity best practices. Last week’s post focused on the...more

Parker Poe Adams & Bernstein LLP

Avoid Broad "No Poaching" Agreements With Clients

A business’s employees are among its most valuable assets. Companies that provide professional services often run the risk that their clients may poach their employees. Think of information technology service providers,...more

Littler

Giving it Our Best Shot – Statewide Vaccination Plans (UPDATED)

Littler on

Vaccine approval and administration are the next steps in the fight against COVID-19. As with nearly everything about this pandemic, guidance and action plans vary by jurisdiction, and are constantly evolving....more

Ervin Cohen & Jessup LLP

CDC Loosens Mask Mandate for Fully Vaccinated People

On May 13, 2021, the U.S. Centers for Disease Control and Prevention (the “CDC”) issued new guidance lifting mask restrictions for fully vaccinated individuals. Under the new guidance, people who are fully vaccinated may stop...more

CDF Labor Law LLP

New CDC Mask Guidelines May Create Problems for California’s Employers

CDF Labor Law LLP on

Yesterday's new CDC guidance that fully vaccinated persons may stop wearing masks and distancing in most settings is a welcome announcement after over a year of the COVID crisis.  However, California employers should note...more

Fisher Phillips

Employers May Be Able To Scrap Mask Mandates For Fully Vaccinated Workers: A 7-Step Blueprint to Overcome Risks and Hurdles

Fisher Phillips on

The announcement yesterday from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a welcome relief for all Americans and a hopeful sign that we have...more

Saul Ewing Arnstein & Lehr LLP

Court Tosses Lawsuit by Employee and Spouse Seeking to Hold Employer Liable for COVID-19 Infection

A federal court recently dismissed a lawsuit filed by an employee and his spouse seeking to hold his employer liable for both of them contracting COVID-19. The dismissal should bring comfort to employer anxiety over lawsuits...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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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:

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There are different types of cookies and other technologies used our Website, notably:

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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:

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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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