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Labor & Employment General Business

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

Third Circuit Rejects District Court’s Trial-Before-Certification Plan

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Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same...more

Akin Gump Strauss Hauer & Feld LLP

Nonparties to PAGA Action Have No Grounds to Intervene or Challenge Judgment

On September 30, 2021, the California Court of Appeal (Second District) issued its decision in Turrieta v. Lyft, Inc., Case No. B304701, which limits the ability of nonparty “aggrieved employees” to challenge a Private...more

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

The Public Health Emergency Supplemental Leave Requirement in Colorado Is Not Over

The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S....more

Morgan Lewis

California Employers: New Law Limits NDAs in Settlement & Severance Agreements

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California Governor Gavin Newsom on October 7 signed Senate Bill 331, which will prohibit employers from (1) including in a settlement agreement a clause that restricts an employee’s right to disclose information about...more

Obermayer Rebmann Maxwell & Hippel LLP

Key Takeaways for Employers from the $137 Million Race Harassment Verdict Against Tesla

On October 4, 2021, a federal jury in California awarded $136.9 million to a Black former Tesla subcontractor, Owen Diaz, after finding that Tesla subjected him to a racially hostile work environment. The jury awarded Diaz...more

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

IRS Clarifies Application of Deadline Extensions to COBRA

The Internal Revenue Service (IRS) recently issued some much-needed guidance surrounding the application of deadline extensions that the IRS and the U.S. Department of Labor (DOL) previously issued for initial elections under...more

Bryan Cave Leighton Paisner

FMLA - Back to Basics - Recertification and New Certification

In addition to obtaining an initial medical certification when an employee first requests leave under the Family and Medical Leave Act (“FMLA”), employers are permitted to seek a “recertification” and even a “new”...more

Hogan Lovells

It's personal - courier was worker, despite ability to offer slots to others

Hogan Lovells on

In Stuart Delivery Ltd v Augustine, the UK Court of Appeal confirmed that a courier who could offer a time slot he had signed up to cover to other couriers was still obliged to perform work personally. This meant that he was...more

Akin Gump Strauss Hauer & Feld LLP

PAGA Settlement May Release Claims from Outside of the Limitations Period

On September 28, 2021, the California Court of Appeal (4th District) issued a counterintuitive decision in Amaro v. Anaheim Arena Mgmt., LLC, Case No. G058371, holding that a PAGA settlement may release claims from outside of...more

FordHarrison

What We Do in the Shadows: Happy Accession (and Boss’s) Day!

FordHarrison on

In honor of National Boss’s Day, I decided to devote this post to the most colorful boss I could think of: Nandor the Relentless from What We Do in the Shadows. I got hooked on this show after my brother aptly described it as...more

Alston & Bird

U.S. to Lift COVID-19 Travel Ban to Allow Fully Vaccinated Travelers

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After more than a year of various travel bans, the Biden Administration announced a uniform policy for air travel from certain countries and another for land crossings. Our Labor & Employment Group unpacks what those policies...more

Kohn, Kohn & Colapinto LLP

DOJ Announces Civil Cyber-Fraud Initiative

In furthering its mission of combatting cybersecurity threats, the Department of Justice (DOJ) announced on October 6 the creation of the Civil Cyber-Fraud Initiative.  The initiative will also hold companies accountable for...more

Arent Fox

Mass. Department of Family Medical Leave Decreases Employer Tax Rate and Increases Employee Benefits

Arent Fox on

The Massachusetts Department of Family Medical Leave (DFML), which administers the Paid Family and Medical Leave (PFML) law in Massachusetts has published important information regarding an increase in the amount of weekly...more

Arent Fox

OSHA COVID-19 Vaccine Rule Under Final White House Review

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Large employers should soon have specific guidance on complying with the Occupational Safety and Health Administration (OSHA) vaccine and testing mandate. On September 9, President Biden announced that OSHA would issue an...more

Kelley Drye & Warren LLP

The Accommodation Process Requires More Than Lip Service

Kelley Drye & Warren LLP on

Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and...more

Littler

This Won’t Hurt a Bit: Employee Temperature and Health Screenings – A List of Statewide Orders (UPDATED)

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Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19. Some jurisdictions require employers to screen the health of employees, often as they begin...more

Smith Gambrell Russell

California Senate Bill 331 – “Silenced No More Act”

Smith Gambrell Russell on

On October 7, 2021, Governor Newsom signed Senate Bill 331, which will become law on January 1, 2022. Dubbed the “Silenced No More Act,” the new law effectively will eliminate an employer’s ability to prevent disclosure of...more

Seyfarth Shaw LLP

Getting ahead of the (COVID) curve

Seyfarth Shaw LLP on

All the modelling done and released by our governments to support the roadmaps out of lockdowns tell us the same thing: as our businesses and borders reopen, the COVID numbers will increase. We will need to learn to live with...more

Troutman Pepper

Student Workers in College Office of Admission Vote to Unionize

Troutman Pepper on

The National Labor Relations Board (Board) recently conducted an election in which student workers in the Office of Admission (Admissions) at Hamilton College (College) voted 25 to 20 to be represented by Local One of the...more

Blake, Cassels & Graydon LLP

Modernizing Quebec’s Occupational Health and Safety Regime: Bill 59 Receives Royal Assent

On September 6, 2021, the Act to modernize the occupational health and safety regime (Bill 59) received Royal Assent after being passed by the Quebec National Assembly. This lengthy bill, introduced by Jean Boulet, Quebec’s...more

Allen & Overy LLP

Highest labour law court in Germany acknowledges recoverability of internal investigation costs

Allen & Overy LLP on

Companies may recover from their employees the cost of internal investigations conducted by external law firms, according to a decision by the German Federal Labour Court (Bundesarbeitsgericht). However, the court has set out...more

Jackson Lewis P.C.

Aon Defeats ERISA Class Action at Trial

Jackson Lewis P.C. on

On October 12, 2021, Aon Hewitt Investment Consulting, Inc. (“Aon”) defeated a class action in the Western District of North Carolina brought by nearly 250,000 current and former Lowe’s Companies, Inc. (“Lowe’s”) employees...more

Troutman Pepper

Virginia General Assembly Enacts Two Statutes Mandating Accommodations

Troutman Pepper on

As employers may already be aware, the General Assembly of Virginia enacted two statutes mandating accommodations that became effective July 1. One statute, Virginia Code Section 2.2-3909, requires employers to offer...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS in Review, Texas Vaccine Mandate Ban, Health Premium Incentives

Epstein Becker & Green on

This week, we review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines. Employers Await White House Decision on OSHA ETS ...more

Vinson & Elkins LLP

Lincoln’s Law in the Digital Age: DOJ to Expand Use of the False Claims Act to Enforce Cybersecurity Requirements

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The Department of Justice (“DOJ”) recently announced a new Civil Cyber-Fraud Initiative (the “Initiative”) that will use the False Claim Act (“FCA”) to pursue contractors and grant recipients that knowingly...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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How is your information shared?

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How We Protect Your Information

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Children's Information

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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:

  • 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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