An Early Holiday Boost to Low-Wage Silicon Valley Workers?: San José Passes “Opportunity to Work” Ordinance and Accelerates The City’s Minimum Wage Increase

by Littler
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The New Year will bring significant changes to the local employment laws affecting Silicon Valley-area employers, with measures aimed at reducing the expansion of the part-time workforce and increasing the minimum wage.1

In the midst of the tumultuous national election on November 8, San José voters adopted a sweeping measure designed to force medium-sized and large employers to halt the growth of the part-time workforce, and possibly even reduce the numbers of part-time workers already employed.  Clearly intended to combat the “gig economy,” and allow more employees to become eligible for coverage under the Affordable Care Act, compliance with the “Opportunity to Work” ordinance (Measure E on the San José ballot) is already presenting challenges to employers trying to understand and plan for its requirements, though it is not scheduled to go into effect until Spring 2017.

In addition to this development, a week after the general election, San José’s City Council voted to join many other Silicon Valley cities in accelerating the march to a $15 per hour minimum wage.  While state law is already scheduled to bring the minimum wage for nearly all workers in the State of California to $15.00/hour by 2023, the City Council, reacting to the high cost of living in the area and a consensus reached with other South Bay cities, is speeding up the increase locally, raising the City minimum wage to $10.50/hour on January 1, 2017, to $12.00/hour on July 1, 2017, and eventually to $15.00/hour by 2019.

While both measures are likely to complicate business for many San José employers in the New Year, there is still time to plan for compliance.

MEASURE E: THE “OPPORTUNITY TO WORK” ORDINANCE

Background

The Opportunity to Work ordinance was authored by “Silicon Valley Rising,” which has been described as “a coalition of labor, community and religious leaders who have pledged to increase wages and win basic benefits for the working poor.”2  It was inspired by similar legislation passed in both Seattle3 and San Francisco,4 but will have much broader application than either of its predecessors.  Despite its controversial nature (Measure E was opposed by four city council members and San José Mayor Sam Liccardo), the measure was approved overwhelmingly by San José voters, 64% to 36%.  

At its core, the law requires employers, regardless of industry, to offer part-time workers additional hours before hiring more employees.  That San José, like many other cities, has passed a law more protective than that found at the state or federal level is not unprecedented.  What is unprecedented is that San José is the first jurisdiction—city, state, or federal—to pass this kind of requirement affecting part-time workers in all industries, wages, and skill levels.5

What Does The Law Require?

Section 4.101.040(A) of the new law (“Access To Hours Of Work For Qualified Part-Time Employees”) law provides that:

[b]efore hiring additional Employees or subcontractors, including hiring through the use of temporary services or staffing agencies, an Employer must offer additional hours of work to existing Employees who, in the Employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a transparent and nondiscriminatory process to distribute the hours of work among those existing Employees.

The law further requires that employers maintain, in effect, compliance records for four years.6 Specifically, it requires that, for any “new hire of Employees or subcontractors,” employers keep "documentation of the offer of additional hours of work to existing Employees prior to completing the hire.”7  Employers must allow “the City” access to their records of compliance, “with appropriate notice and at a mutually agreeable time,” so “the City” may monitor compliance with Measure E’s requirements.8  Employers also must post a notice of employee rights under the Ordinance, which notice will be prepared by the City’s Office of Equality Assurance.9

Finally, the law prohibits employers from retaliating against anyone who “exercises rights” protected under the Ordinance.  “Exercise” includes filing a complaint, informing “any person about any party’s alleged noncompliance,” and informing any person of his or her “potential rights” and to assist him or her in asserting such rights.10  Notably, and as under the existing Minimum Wage Ordinance, any “adverse action” taken against any person within 90 days of his or her exercise of rights protected by Measure E will be “rebuttably” presumed to be in retaliation for the exercise of such rights.11

The law offers one “safe harbor,” of sorts:  Employers are not required to offer more hours to a part-time employee if those extra hours would require the employer to pay the employee “at time-and-a-half or other premium rate under any law or collective bargaining agreement. . . .”12

What Employers Does The Law Cover?

Under Measure E, a covered employer is defined as any person who (1) employs or exercises direct or indirect control over wages, hours, or working conditions of any employee (“including through the services of a temporary employment agency, staffing agency or similar entity”), and (2) either is (a) subject to San José’s business tax or (b) maintains a place of business in San José that state law exempts from San José’s business tax.13  This latter definition covers banks, insurance companies, and certain nonprofits.  An employee, meanwhile, is any person who has performed at least two hours of work for an employer and is entitled to the state minimum wage.14

Who is Exempted From The Law?

The law provides three explicit exemptions:  for “hardships,” small businesses, and where “all or any portion” of its provisions are expressly waived in a collective bargaining agreement.15  The new ordinance defines small businesses as those with 35 or fewer employees.16  For “chain” businesses17 “not owned by a franchisee,” however, the number of employees is determined by the combined number of employees at every location of the business, regardless of whether or not it is located in San José, or even in the State of California.18  For franchisees,19 exemption is determined by the combined number of employees at every location owned by the franchisee, regardless of whether the location is in San José.20

Granting a hardship exemption is at the discretion of the City’s Office of Equality Assurance.  But to qualify for a hardship, an employer must show that it has “undertaken in good faith all reasonable steps to comply” with the law, and that full and immediate compliance would be “impracticable, impossible, or futile.”  Such an exemption may only be granted by the Office “for up to 12 months,” at least initially.  Thereafter, the Office may extend the hardship exemption in 12-month increments, provided that “an Employer demonstrates that, despite the Employer’s best effort to come into compliance, hardship conditions continue to exist.”21

Finally, Measure E adopts and incorporates by reference from San José’s Minimum Wage Ordinance (MWO) a provision allowing the parties to a union collective bargaining agreement to waive “all or any portion of the applicable requirements” of the Opportunity to Work Ordinance, “provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.”  Perhaps ominously for employers and unions hoping to exercise this right, however, the collective bargaining waiver is qualified, and as in the MWO, it is allowed by Measure E only “to the extent required by federal law, . . . .”

When Does The Law Take Effect?

Fortunately, affected San José employers and City regulators will have some time to consider the Opportunity to Work Ordinance, and plan for compliance.  The law does not take effect until the “ninetieth day after it is certified” by the City Clerk.22  At this writing, the City Clerk estimates that certification will likely not be finished until December 8.  If so, the law will not take effect until March 8, 2017.

The Law’s Uncertainties

Beyond the uncertainty of how the law will affect employers, the law itself contains a number of textual ambiguities.  At the threshold, for example, it is unclear precisely how the statute’s basic requirement – that before hiring “additional” employees, employers must offer “additional hours” to existing employees – will be interpreted.23  Does this apply to the hiring of replacements for employees who have terminated, or only to the addition of new positions?  Also unclear is the reach of the statute:  it protects any “existing Employee” of a San José “employer,” so long as the employee works two hours for the employer.24  How does this apply to employers with operations both within and outside the City’s limits, whose employees work both within and outside the City?  Does an employee “headquartered” at a location outside of San José, who has nonetheless worked two hours at a San José location, acquire rights under the statute?  If so, where?  

Moreover, while Measure E declares that its purpose is to require “Employers to offer hours of work to existing qualified part-time Employees. . . .,”25 the law defines neither “qualified” nor “part-time.”  There are therefore concerns that these could be defined to limit the ability of employers to satisfy temporary or otherwise irregular needs, such as seasonal, peak-load, or internships.  

There is also uncertainty as to just when and whether employers and unions really can waive the Opportunity to Work Ordinance’s requirements in their collective bargaining agreements.  Measure E qualifies the right by suggesting such a waiver is allowable only “to the extent required by federal law.”26  When and whether “federal law” would “require” that the parties to a collective bargaining agreement be allowed to waive Measure E’s terms is hardly certain, and may ultimately be litigated in the future.

These and other uncertainties embedded in the statute make its reach and ultimate effect on employers problematic.  How they are resolved will determine just how disruptive Measure E could become.

Possible Solutions to the Law’s Uncertainties

There are two main options to address Measure E’s uncertainties.  First, the law authorizes the City Council to amend the Ordinance “without a vote of the people,” but limits this power to the law’s implementation or enforcement, not its scope or coverage.27  Second, the City’s Office of Equality Assurance may adopt guidelines or rules to “to coordinate [the] implementation and enforcement of” the new law, and “establish procedures for ensuring fair, efficient and cost-effective implementation of” the Opportunity to Work Ordinance, “including supplementary procedures for helping to inform Employees of their rights under this Chapter.”28

But even with these options, clarity or certainty is not assured.  Nothing requires either the City Council or the Office of Equality Assurance to step in and provide clarity:  each entity is merely given the discretion to do so.  While it would arguably be in everyone’s interest if either party were to exercise this discretion, and would no doubt ease the City’s enforcement burden if they did (to say nothing of eliminating some of the uncertainties facing San José employers), it is too early to tell whether either will. 

Enforcement of the New Law

Under the statute, the City does have an enforcement obligation.  Beyond its discretion to establish guidelines and regulations, the Office of Equality Assurance is charged with taking complaints of violations of the Ordinance from “an Employee or any other person,” and investigating “any possible violations of” the law “by an Employer or other person.”29  The Office may also issue administrative fines and penalties for non-compliance, or initiate administrative enforcement proceedings.30

The City itself may bring a civil action in a court of law for injunctive relief and damages to enforce the Ordinance’s terms.31  A civil action may also be brought by any person or “entity a member of which is aggrieved by a violation,” or by any person “or entity” acting on behalf of the public or the City, regardless of whether the individual has been personally harmed by an employer’s non-compliance.32  

Finally, the law allows “any person aggrieved by a violation” of Measure E to bring a private cause of action on his or her own behalf.  The statute provides that, in addition to recovering “such legal or equitable relief as may be appropriate,” an aggrieved individual may also recover “any back wages unlawfully withheld” and a civil penalty of $50 to each Employee “or person whose rights under this Chapter were violated for each day that the violation occurred or continued,” and where appropriate “reinstatement in employment and/or injunctive relief.”  Any person or entity who sues on the statute and prevails is also entitled to its attorney’s fees and costs.33

Beyond its effects upon San José employers, Measure E may prove a harbinger of things to come for the rest of the state.  On the first day of the California Legislature’s 2017-2018 session (December 5, 2016), the chair of the Assembly Appropriations Committee (Lorena Gonzalez, D-San Diego) introduced a bill (AB 5) which would incorporate the principles of Measure E into an amendment of the California Labor Code.  While it is too early to predict the likely fortunes of this bill in the Legislature, developments there, and in San José, bear watching by all California employers.

AMENDMENT TO THE MINIMUM-WAGE ORDINANCE 

Background of the MWO

Earlier this year, San José Mayor Sam Liccardo led a proposal for San José and 12 other Santa Clara County cities to accelerate the increase in the minimum wage to $15.00/hour ahead of the schedule set by the state Legislature in SB 3, which was enacted by the Legislature and signed by the Governor in April.34  This proposal was a response to concerns regarding the rising cost of living in Silicon Valley, the area’s increasing issues surrounding inequality, and the risk of balkanized economic regulation among regional cities.35

The cities’ initial plan was to raise the minimum wage to $15.00/hour together by January 2019, with no exemptions, so that no city would be “left behind” or obtain an economic advantage over its neighbors.  When this attempt at unity fell apart, cities went their own way.  Los Altos, Palo Alto, and Cupertino, for example, have adopted ordinances to reach $15.00/hour by January, 2019, while Mountain View and Sunnyvale have charted a quicker path to $15 by 2018.  San José amended its Ordinance in December, as described below.  Other area cities seem content to live under the schedule set in SB 3. 

For now, accordingly, employers operating at multiple locations throughout the Valley will have to contend with a patchwork of different minimum wages, and local minimum wage regulations.

How Will the Minimum Wage Increase?  Steps, Off-Ramp, and CPI

Effective January 1, 2017, the minimum wage in San José rises to $10.50/hour, to match the rise in the state minimum wage.  Then, on July 1, 2017, it becomes $12.00/ hour.  On January 1, 2018, it rises again to $13.50/hour.  Finally, on January 1, 2019, the minimum wage arrives at $15.00/hour.36

Beyond accelerating the timetable for increases to the $15.00/hour minimum wage, San José’s scheme deviates from state law in another significant way.  The City minimum wage does not distinguish between employers employing 25 or fewer employees and those employing 26 or more.  While the state softens the blow of the increases for employers of 25 or fewer workers by reducing the amount of the yearly minimum wage increase, and delaying the progress to $15.00/hour until 2023, San José makes no distinction between employers based on the size of their workforces.  While the first jump in the state minimum wage on January 1, 2017 (to $10.50/hour) is the same for employers of all sizes, thereafter the state minimum wage increases for smaller employers proceed more gradually.37  The scheduled San José increases, in contrast, will be applicable to all employers, regardless of size.38

San José does, however, borrow the “off ramp” feature of SB 3.  Under the City’s version of the off ramp, if increases to the City’s minimum wage cause, or correlate with, certain adverse economic conditions, the City may take an “off-ramp” to delay the step increases to $15 per hour.  Each year, the City’s Office of Equality Assurance will determine and certify to the City whether “economic conditions can support a minimum wage increase.”  This determination depends on the occurrence of two particular state-wide economic developments set forth in the ordinance.39  If these occur, the City Manager may “temporarily suspend the minimum wage increase scheduled for the following year.”40

After January 1, 2020, an increase in the minimum-wage is keyed to the Bay Area CPI (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San José, CA for all items).  Unlike the national CPI, on which San José’s minimum wage has up to now been based, the Bay Area CPI will generally raise the minimum wage at a higher and faster rate.  But however high the Bay Area CPI may rise, the ordinance caps any CPI increase to the minimum wage at five percent.41

Who is Covered by the MWO?

With one exception, San José’s MWO applies, generally, to the same employers and employees covered by the new Opportunity to Work Ordinance:  the latter statute largely borrows the former’s definitions and coverage requirements.  The exception, of course, is that unlike Measure E, San José’s MWO has applied, and will continue to apply, to all “employers” as defined in the City statute, irrespective of their size.  The sole exception in the existing MWO, left undisturbed by December’s amendments, is the “collective bargaining exemption,” whereby employers and unions can negotiate an explicit waiver from “all or any portion” of the law’s requirements “to the extent required by federal law.”  As noted above, however, what the latter qualification means is uncertain.

The MWO’s Exceptions for “Youth Training Program” Employees

The December amendments to San José’s MWO also introduced another, partial exemption from their requirements.  What will not increase, either by the Bay Area CPI or by the new minimum-wage rates, is the minimum wage that must be paid by Youth Training Program Employers “serving disadvantaged youth.”42  For these employers, the minimum wage will remain at $10.00 and rise with the National CPI.43  Note, however, that San José employers are still governed by both state and federal minimum wage laws:  unless a similar whole or partial exemption can be found from both the federal minimum wage requirements under the Fair Labor Standards Act, or the state minimum wage requirements under the Labor Code, those minimum wage levels must be observed.

Recommendations for Employers

  • Once the Office of Equality Assurance finishes the notice poster for Measure E, download and post the required poster.44
  • Download and post the MWO-required poster in any language spoken by more than five percent of your workforce.
  • Ensure that personnel records include documentation of the offer of additional hours of work to existing employees before completing “additional” hires and retain these records for four years.
  • Remember that, under the still-existing Affordable Care Act, employees who work an average of 30 hours or more a week or 130 hours a month are considered full-time.  Employers with 50 full-time equivalent employees are required to offer affordable healthcare for these employees or pay the “shared responsibility” penalty/tax.
  • Monitor the City’s and its Office of Equality Assurance’s websites for future updates on critical regulatory developments.
  • Ensure that your payroll records for San José employees are retained for a period of at least four years.
  • Confirm that any employee who does not receive the standard California Labor Code section 2810.5 notice receives the notice required by the MWO containing the employer's name, address, and telephone number.
 
 
 

1 For the full text of the law and the City’s ballot summary, see http://sanjoseca.gov/DocumentCenter/View/54088.

See Rodriguez, “Ballot Measure in San Jose Would Boost Hours for Part-Time Workers,” San Jose Mercury News, Jan. 25, 2016.

3 See Doug Smith, Littler Insight, “Seattle City Council Approves Secure Scheduling Ordinance,” (Sept. 20, 2016) http://www.littler.com/publication-press/publication/seattle-city-council-approves-secure-scheduling-ordinance.

4 See Michael Brewer, Christopher Cobey, and Jason Shapiro, Littler Insight, “San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers,” (Dec. 9, 2014) http://www.littler.com/san-francisco-ordinance-imposes-new-burdens-formula-retail-employers.

5 The ordinances in Seattle and San Francisco are far narrower in scope and application than San José’s measure.

6 Section 4.101.050(B); see, S.J. Muni. Code section 4.100.060(C).  Here, as elsewhere, the Opportunity to Work Ordinance adopts and incorporates by reference provisions from the City’s last ground-breaking effort at labor protective legislation, its original Minimum Wage Ordinance, Measure D on the November, 2012 ballot. (In this instance, there is an apparent typographical error in the new Ordinance, however, as the cross-reference is said to be to Municipal Code section “4.100.600(C),” though no such Code section exists; section 4.100.060(C) of the Code, in contrast, contains explicit record-retention requirements enacted with the Minimum Wage.) 

7 Section 4.101.050(B)(1).

8 Section 4.101.050(B); see, S.J. Muni. Code section 4.100.060(C).

9 Section 4.101.050(A).

10 Section 4.101.060; see S.J. Muni. Code section 4.100.070.

11 Section 4.101.060; see S.J. Muni. Code section 4.100.070 (emphasis added).

12 Section 4.101.040(C).

13 Section 4.101.030(D)(1)-(2).  San José, as would be imagined, claims very broad powers to tax “businesses” operating in the City, and broadly defines “businesses” subject to its business taxes.  See, S.J. Muni. Code sections 4.76.050, 4.76.160.

14 Section 4.101.030(c).  According to the City’s impartial analysis of San José’s workforce, there are about 18,000 people who identify as involuntary part-time workers in San José. This from a workforce of 398,000 workers, including 72,000 part-time workers. The City’s analysis also noted, however, that the number of involuntary part-time workers increased by a percentage point in a decade. Thus, while the law looks to affect about 4.3% of the City’s workforce, that figure is expected to grow.

15 Sections  4.101.080, 4.101.090, 4.101.110; see, S.J. Muni. Code section 4.100.050..

16 Section 4.101.090; see, S.J. Muni. Code section 4.12.060 (“‘small business enterprise’ means a local business enterprise that has thirty-five (35) or fewer total employees.”)

17 Section 4.101.030 (A).  “Chain” is defined for purposes of Measure E to be “a set of businesses that share a common brand or are characterized by

standardized options of decor, marketing, packaging, products or services.”

18 Section 4.101.090(A).

19 Section 4.101.030(E).

20 Section 4.101.090(B).

21 Section 4.101.080(A),(B).

22 Section 2.

23 Section 4.101.040(A).

24 Section 4.101.030(C); see, S.J. Muni. Code section 4.100.030(B).

25 Section 4.101.070.

26 Section 4.101.110; see, S.J. Muni. Code section 4.100.050.

27 Section 4.101.120.

28 Section 4.101.060; see, S.J. Muni. Code section 4.100.080(A).

29 Section 4.101.060; see, S.J. Muni Code section 4.100.080

30 Section 4.101.060; see, S.J. Muni Code section 4.100.090(A)(1), (2).

31 Section 4.101.060; see, S.J. Muni Code section 4.100.090(A)(3).

32 Section 4.101.060; see, S.J. Muni Code section 4.100.090(B).

33 Section 4.101.060; see, S.J. Muni Code section 4.100.090(B).

34 See, Stats 2016, chap. 4 (SB 3), effective January 1, 2017.

35 For a chart that shows the differences in minimum wages among South Bay Area cities, see https://www.sanjoseca.gov/minimumwage .

36 Ordinance No. 29829, S.J. Muni Code section 4.100.040(C), (D).

37 Stats 2016, chap. 4 (SB 3), section 3(b)

38 Ordinance No. 29829, section 4; S.J. Muni. Code, section 4.100.040

39 (1) California state retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending one month prior to the September 1 determination date is less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending 14 months prior to the September 1 determination date, and (2) (a) total nonfarm employment, seasonally adjusted, decreased over the three-month period from April to June, inclusive, before the September 1 determination  or (b) total nonfarm employment for California, seasonally adjusted, decreased over the six-month period from January to June, inclusive, before the September 1 determination. Ordinance No. 29829, S.J. Muni Code section 4.100.040(F).

40 Ordinance No. 29829, section 2, S.J. Muni Code section 4.100.040(G).

41 Ordinance No. 29829, S.J. Muni Code section 4.100.040(E)

42 Ordinance No. 29829, S.J. Muni Code section 4.100.045(A). “Serving disadvantaged youth” is undefined.

43 Under the ordinance, “Youth Training Program” means “any temporary youth employment program through which persons aged seventeen years or younger are employed by or engaged in employment and trained for future employment that is coordinated by a nonprofit or governmental entity.” An employee of such a program, to come within the exemption, must be someone 17 years or younger who is employed no more than 120 days during a calendar year.  The ordinance does not define “serving disadvantaged youth.”  Ordinance No. 29829, S.J. Muni Code section 4.100.030(F), (G).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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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.

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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.