10 Key Developments in Canadian Labour & Employment Law in 2018

by Littler

Canada saw significant developments in labour and employment law in 2018.  As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve.  Below we provide an overview of 10 key 2018 developments for your review:

1.  Canada was the first major world economy to legalize recreational cannabis at a federal level.

On October 17, 2018, Canada’s Cannabis Act and supporting regulations came into force, making it the first major world economy to establish a legal framework at the federal level for the recreational use of cannabis by adults. The Cannabis Act permits: (a) persons age 18 and over to possess up to 30 grams of dried or fresh cannabis and share it with other adults; (b) the government to authorize the possession, production, distribution, sale, importation, and exportation of cannabis; and (c) persons to possess, sell, or distribute cannabis when authorized to do so under provincial and territorial legislation (Canada’s provinces and territories are responsible for regulating the distribution and sale of cannabis within their own jurisdictions). The legalization of recreational cannabis does not provide employees with a right to use it in the workplace and employers are entitled to establish policies prohibiting its use and possession in the workplace. The use of cannabis for medical purposes continues to be regulated under the Access to Cannabis for Medical Purposes Regulations. Under both federal and provincial human rights legislation, employers have a duty to accommodate the use of cannabis by employees medically authorized to do so and those suffering from an addiction to it, unless such accommodation creates an undue hardship to the employer.

2.  Legislative initiatives and the #MeToo movement made sexual harassment in the workplace a top priority for employers, while human rights tribunals increased damage awards in sexual harassment cases.

2018 saw a heightened awareness among employers to implement strict policies and procedures regarding sexual harassment, to provide comprehensive anti-harassment training, and to conduct thorough investigations when complaints are made. At the legislative level, lawmakers amended Ontario’s Occupational Health and Safety Act to expand the definition of “workplace harassment” to include “workplace sexual harassment” and require employers to create a workplace harassment policy and program that includes workplace sexual harassment.  In addition, the Workplace Safety and Insurance Act, 1997 was amended to allow individuals in Ontario who suffer from chronic mental stress in the workplace to make claims for Workplace Safety and Insurance Board benefits, which are available if the chronic mental stress is caused by a work-related stressor arising out of and in the course of the worker’s employment.  Finally, lawmakers introduced Bill C-65, An Act to amend the Canada Labour Code, which proposes to require federally regulated workplaces such as banks, telecommunications and transport industries to make substantial changes in how they address workplace violence and harassment. Notable judicial decisions also addressed harassment. One decision recognized harassment as a tort upon which a civil cause of action may be based, and another required an employer to pay significant moral damages for a poorly managed investigation of a sexual harassment complaint. In addition, 2018 saw an increased volume of complaints by employees who, emboldened by the #MeToo movement, decided to come forward. 

We also witnessed an upward trend in damage awards for sexual harassment in human rights cases.  Historically, such awards were low, generally between $10,000 to $25,000 per case.  In A.B. v. Joe Singer Shoes Limited, 2018 HRTO 107, the Tribunal granted a damage award of $200,000 for injury to dignity, feelings and self-respect to an applicant who alleged that she had been sexually harassed, sexually assaulted, and was the victim of race discrimination over a period of 20 years by her employer who was also her landlord.  In G.M. v. X Tatoo Parlour, 2018 HRTO 201, the Tribunal awarded $75,000 as compensation for injury to dignity, feelings and self-respect to a 15-year-old unpaid intern in a tattoo parlour who had been sexually assaulted by her employer, a trusted family friend.  The Tribunal awarded the Applicant the full $75,000 in damages that she sought; however, it might have granted a larger award had she requested one.

3.   The Court of Appeal of Ontario provided guidance regarding how employers can maximize the enforceability of termination clauses.

In 2018, the Court of Appeal of Ontario (OCA) rendered two decisions, Nemeth, 2018 ONCA 7 and Amberer, 2018 ONCA 571, which, in a sea of seemingly conflicting and often confusing case law, provided guidance to employers regarding how they should draft termination clauses to maximize the likelihood of their enforceability.  The OCA confirmed that although it is presumed that on termination an employee is entitled to common law notice, this notice can be displaced when (a) the employment contract provides for minimum entitlements under the Employment Standards Act, 2000, and (b) the parties’ intention to displace common law notice is clearly and unambiguously expressed in the contract.  The case law suggests that to maximize enforceability, the clause should state clearly that the parties intend and agree to displace the employee’s common law reasonable notice rights and to restrict the applicable notice period to the statutory minimum set out in applicable employment standards legislation; each of the employer’s minimum obligations should be explicitly and separately referenced.  The importance to employers of avoiding ambiguities was reinforced by the OCA, which emphasized that where a termination clause can reasonably be interpreted in more than one way, the interpretation that favours the employee should be preferred. 

4.  Ontario’s Government made major reforms to workplace statutes and then substantially reversed many reforms.

On November 27, 2017, Bill 148, The Fair Workplaces Better Jobs Act, 2017 (Bill 148), received Royal Assent.  It significantly amended Ontario's Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995 (OLRA) and the Occupational Health and Safety Act.  Some of these amendments included a minimum wage increase, 10 personal emergency leave days per year for almost all employees, scheduling rights for employees and recordkeeping requirements for employers with respect to those rights, the introduction of card-based union certification for certain industries, and providing unions with access to employee contact information if the union can establish at least 20% support of the employees involved. Most Bill 148 amendments took effect by April 1, 2018, with the remaining amendments to the ESA scheduled to take effect on January 1, 2019.  On November 21, 2018, Bill 47, Making Ontario Open for Business Act (Bill 47), received Royal Assent, effectively reversing certain changes made by Bill 148.   With one minor exception, Bill 47’s changes to the ESA came into force on January 1, 2019.  The changes to the LRA came into force on Royal Assent (i.e., on November 21, 2018).  This legislative roller coaster forced employers to consider amendment of hiring letters, employment contracts, policies and collective agreements twice: first, with respect to the amendments that came into force as a result of Bill 148, and then with respect to the reversals that came into force as a result of Bill 47.  

5.  Major amendments were made to Alberta’s, Quebec’s and British Columbia’s workplace legislation.

Alberta’s Bill 17, the Fair and Family-friendly Workplaces Act, received Royal Assent in 2017 but took effect on January 1, 2018.  It made amendments to Alberta’s Employment Standards Code, including the enhancement of current leaves, the introduction of new leaves, and a new administrative penalty for employers that contravene the statute.  Bill 17 also made amendments to Alberta’s Labour Relations Code, including the availability of a card-based certification process if certain threshold criteria are met, and the availability of First Contract Arbitration to end difficult negotiations between an employer and a newly-certified union. Alberta’s Bill 30, An Act to Protect the Health and Well-being of Working Albertans received Royal Assent in 2017 but took effect on June 1, 2018.  Bill 30 made amendments to Alberta’s occupational health and safety and workers’ compensation statutes. 

The National Assembly of Quebec made amendments to its Act respecting labour standards through Bill 176, An Act to amend the act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, which received Royal Assent on June 12, 2018.  While many of the amendments came into force on that date, others come into force as late as January 1, 2019.  Some of the amendments include enhanced vacation entitlement, enhanced and additional leaves, more employee control over working hours, the express inclusion of sexual harassment in the definition of “psychological harassment”, and a prohibition against paying workers less than colleagues performing the same tasks at the establishment solely because of the worker’s “employment status” (and the express expansion of this prohibition to include agency employees).

British Columbia’s Bill 6, Employment Standards Amendment Act, 2018 received Royal Assent on May 17, 2018 and came into force on that day.  The amendments to British Columbia’s Employment Standards Act include a longer period of job protection for pregnancy/parental leave, an increase of the available time for compassionate care leave, and two new unpaid job-protected leaves (for eligible employees upon the disappearance of a child due to a suspected crime and upon the death of a child under 19 years of age for any reason).  Additional amendments to British Columbia’s employment standards legislation and amendments to its Labour Relations Code are anticipated.

6.  Ontario introduced Bill 203, Pay Transparency Act—and then delayed its coming into force date indefinitely.

In April 2018, Ontario’s government passed Bill 203, An Act Respecting Transparency of Pay in Employment (the “Act Respecting Transparency”), which was to come into force on January 1, 2019.  On November 15, 2018, the government introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received Royal Assent on December 6, 2018, and amends the Act Respecting Transparency by changing the effective date from January 1, 2019 “to a day to be named by proclamation of the Lieutenant Governor.”  The 2018 Ontario Economic Outlook and Fiscal Review1 indicated that the reason for the delay, the first of its kind in Canada, is, ". . .  to allow for consultation. Complying with the Act’s current reporting requirements would have significantly increased costs for businesses and affected some sectors more than others.”  Accordingly, amendment may occur in the future. The stated purpose of the Act Respecting Transparency is to “increase transparency in hiring processes and give women more information when negotiating compensation that is equal to their male peers.” In its current form, the Act: (a) prohibits employers from asking job applicants about their compensation history; (b) requires employers to include a range of expected compensation for any publicly advertised job posting; (c) requires employers with 100 or more employees (and prescribed employers) to prepare a “transparency report” highlighting compensation gaps, if any, based on gender and diversity (which must be posted online or in a conspicuous place in every one of the employer’s workplaces and submitted to the Ministry of Labour); (d) permits employees to share their compensation with other employees and inquire into differences in pay; and (e) prohibits employers from engaging in or threatening reprisal against employees who do so.

7.  Ontario’s Police Record and Checks Reform Act, 2015 came into force and is the first of its kind in Canada.

Ontario’s Bill 133, The Police Record and Checks Reform Act, 2015 (the “Checks Reform Act”), which applies to police record checks conducted to determine suitability for employment, among other things, came into force on November 1, 2018.  The Checks Reform Act, which is the first of its kind in Canada, was created in response to concerns about barriers created by the inappropriate release of sensitive information about an individual (mental health history, non-criminal contact with police, unproven allegations, and police “carding” information, i.e., intelligence gathering by the police involving the stopping, questioning, and documenting of individuals when no particular offence is being investigated), and inconsistencies in the information collected and disclosed.  The statute authorizes police services in Ontario to conduct three types of police record checks (criminal record checks, criminal record and judicial matter checks, and vulnerable sector checks (i.e., checks made when, after reviewing entries relating to the individual, the police record check provider has reasonable grounds to believe that the individual has been engaged in a pattern of predation indicating that the individual presents a risk of harm to a child or a vulnerable person), standardizes the process for conducting them, and prohibits the police record check provider from disclosing information unless authorized to do so in accordance with the law.  Non-conviction information may be obtained only in relation to a vulnerable sector check and when stringent criteria for “exceptional disclosure” are met. The police record check provider may not provide a copy of the information to the person or organization who requested it unless the individual screened provides their consent twice: (a) to the particular type of check, before it is conducted; and (b) once the results are available and they have been disclosed to the individual, to disclosure of the information.   

8.  The federal government introduced a new Pay Equity Act; it received Royal Assent at the end of 2018, but its effective date has not yet been announced.  

On October 29, 2018, the federal government introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (“Bill C-86, No. 2”), which, among other things, introduced the Pay Equity Act.  The purpose of the Pay Equity Act is “to achieve pay equity through proactive means by redressing the systemic gender-based discrimination in the compensation practices and systems of employers that is experienced by employees who occupy positions in predominately female job classes.” The statute applies to federally regulated employers with ten or more employees. Once effective, it will require federally regulated employers to (a) evaluate their compensation practices to ensure they are providing equal pay for work of equal value; (b) establish a Pay Equity Plan within three years from the date on which they become subject to the law; and (c) if the employer has more than 100 employees (or less than 100 employees if the employees are unionized), establish a Pay Equity Committee to develop and update the Pay Equity Plan. The Pay Equity Act also provides for the appointment of a Pay Equity Commissioner under the Canadian Human Rights Act who will be responsible for the law’s administration and enforcement. Bill C-86, No. 2 received Royal Assent on December 13, 2018, but the effective date is currently unknown. The timing will be announced by an order of the Governor in Council.

9.  We learned that a major legislative event is pending at the federal level: the modernization of the Canada Labour Code. 

Prime Minister Justin Trudeau instructed the Minister of Employment, Workforce Development and Labour, to update the Canada Labour Code. Between May 2017 and March 2018, consultations were held with Canadian employees, unions and labour organizations, employers and employer organizations, academics, other experts and advocacy groups to get their perspectives. On August 30, 2018, the Government of Canada issued a report called, “What we heard: Modernizing federal labour standards,” which summarizes the views shared during the consultations. The government stated it is committed to proposing updated legislation that reflects the realities of the 21st century workplace and that it will carefully consider the views shared during the consultations as it moves forward with the modernization process. In early September 2018, the Minister of Employment indicated that the updated legislation will be introduced by Labour Day 2019. The proposals are likely to focus on restoring work-life balance and providing better protections to part-time, temporary, and contract workers.

10.  The Nova Scotia Court of Appeal and the Human Rights Tribunal of Ontario rendered important decisions regarding what does, and does not, constitute human rights discrimination.

Two decisions issued in 2018, resolving disability- and age-related claims, provided insight into the types of conduct that rises to the level of prohibited employment discrimination. Due to the prevalence of medical cannabis use in Canada and its significant cost, employers with group benefit plans are being asked with increasing frequency to provide coverage for medical cannabis.  On April 12, 2018, in Canadian Elevator Industry Welfare Trust Fund v. Skinner, 2018 NSCA 23, the Nova Scotia Court of Appeal held that administrators of employee group benefit plans have the discretion to set limits on plan coverage and that the denial of coverage of medical cannabis does not constitute discrimination against an employee “based on” his disability. The employer's plan did not cover medical cannabis because it was not approved by Health Canada; indeed, no one in the plan received drugs unless covered by Health Canada.  While deprived of coverage for his medical marijuana, the employee in question had access to all of the medications available to any other eligible plan member.  As there was no connection between the employee’s disability and the decision to deny him coverage, the court found no discrimination.

On May 18, 2018, the Human Rights Tribunal of Ontario (HRTO) declared in Talos v. Grand Erie District School Board, 2018 HRTO 680, that section 25(2.1) of the Ontario Human Rights Code (OHRC), which allowed employers to terminate employee benefits at age 65, was unconstitutional.  The HRTO concluded  that the distinction created by section 25(2.1) was a prima facie violation of section 15 of the Charter of Rights and Freedoms, a part of Canada’s Constitution, which protects every Canadian’s right to be treated equally under the law and prohibits discrimination on the basis of age.  Employers in Ontario that provide group health benefits but terminate employee entitlement at age 65 should be aware of the Talos decision.  Indeed, such employers should consider appropriate adjustments to their benefit plans to stave off any potential discrimination claims. 

We anticipate that 2019 will be another year filled with interesting legislative and judicial developments in Canada.



2018 Ontario Economic Outlook and Fiscal Review, available at www.fin.gov.on.ca/fallstatement/2018, p. 40.


Written by:


Littler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

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.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

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:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

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.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • 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).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

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.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

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.

- hide

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.