Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring



The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased workload. While seasonal employees generally work for only three to six months over the holidays, their brief tenure raises several organizational challenges. To effectively meet these challenges, employers must take steps to hire, onboard, and manage seasonal staff in accordance with applicable laws and ordinances to ensure the retail season remains jolly long after we ring in the New Year.

Once employers have an estimate of how many and what types of employees they need to meet the seasonal rush, they should allow as much time as possible to source appropriate personnel and sufficiently staff up retail operations. Providing ample time to accommodate onboarding and training for new staff will help employees get right to work and also allow for important legal issues to be carefully considered and addressed.  Below are 10 important legal considerations for employers that plan to hire holiday elves to stock their shelves.

1. Hiring Minors. Employers should identify and comply with all applicable requirements if they choose to hire minors for seasonal work. For employers covered by the Fair Labor Standards Act (FLSA), federal law limits the hours and jobs that minors (under age 18) may work. For example, individuals under age 16 may work only limited hours outside school. Occupational limits placed on minors, to prevent harm to their health or well-being, vary depending on the age of the minor and whether the work is in an agricultural or nonagricultural occupation. Under the FLSA, only individuals aged 17 and older may be required to drive on public roads for work, depending on the circumstances.

Employers should be aware that state and local laws also may govern their practices, even if the FLSA does not. And if a state or local law varies from the FLSA on child labor, the more stringent regulation should be followed. Many states restrict minors from working more than a certain number of hours per week, or in hazardous conditions, or in the handling or delivering alcohol. Younger workers (under age 16) are often prohibited from working in more categories than their older counterparts, such as using dangerous equipment like fryers, or working on ladders or scaffolding. Employers should also comply with any work permit or similar requirements, which vary by jurisdiction.  

2. Contractors vs. Employees. As employers prepare for seasonal hiring, they should consider whether to directly hire seasonal employees or engage independent contractors. If the latter, employers should evaluate and confirm the legality of their classification practices. States have different rules on the classification of independent contractors for different legal purposes (e.g., wage and hour requirements v. unemployment benefits), so it is important to be familiar with all state-level laws on worker classification. While employers may see benefits to retaining contractors, they must be careful to satisfy the applicable test for classification.

Some states have been taking a hard line on worker classification issues, as seen in legislation recently enacted in California.1 The new law (AB 5), effective January 1, 2020, presumes workers are employees and uses the so-called “ABC test” for designating workers as independent contractors. Massachusetts law also includes a presumption that workers are employees unless proven otherwise with a three-pronged test, and the New Jersey legislature is considering a bill to similar effect.2

Aside from classification concerns, employers should note that municipalities may have instituted specific protections for independent contractors. In New York City, for example, the city’s Human Rights Law covers freelancers and independent contractors and authorizes them to file discrimination complaints.3 Independent contractors in New York City are also protected by the “Freelance Isn’t Free” ordinance, which requires any work worth at least $800 to have a written contract, including for multiple small projects over a 120-day period.4 Such freelancers must be paid in a timely manner and in full, and must be free from any retaliation for exercising their rights under the ordinance.

3. Screening Candidates—Including Salary History Inquiries. Employers should strive to analyze seasonal candidates using the same background tests, drug screens, and reference checking procedures normally used in the recruiting and hiring process. Consistent compliance with company policies will help protect the company brand and reinforce the purpose and validity of these processes.

As many retailers likely are aware, asking a candidate about their past pay is prohibited in an increasing number of jurisdictions. Salary history inquiries are banned, for example, in Alabama, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, New Jersey (as of January 1, 2020), New York (as of January 6, 2020), Oregon, Puerto Rico, Vermont, Washington, and several major cities or counties, including New York City.5 These provisions can vary widely. In California and Washington, for example, employers must provide a pay scale if requested. Delaware and Oregon, meanwhile, disallow screening job applicants based on previous salary or wages. Illinois and several other states preclude employers from seeking salary history from current and former employers, as well as applicants. Employers should be sure to stay apprised of salary history and other pay equity developments.6

4. Wage Notices and Minimum Wage Requirements. Many states require that employers provide a wage notice to new employees at or near their time of hire. While the contents of the specific document will differ by jurisdiction, such notices typically require an employer to notify new hires—including seasonal staff—about their regular rate of pay, pay dates, place of payment, and the employer’s name and contact information. Some states go further, requiring the notice to identify any allowances that will be claimed (i.e., tip, meal, or lodging credits against the minimum wage), accrued leave time, benefit information, and any applicable tip distribution policy.

For example, Minnesota adopted an expansive wage notice law in 2019 and the Minnesota Department of Labor and Industry has expressly confirmed that it applies to temporary and seasonal workers.7 Employers there must provide a new-hire notice including the pay rate, any allowances, paid time-off provisions, the employee’s employment status, deductions, length of pay period, paydays, and the employer’s name, location and telephone number. Beginning January 1, 2020, Minneapolis employers must provide all statewide wage information, plus additional details required by city ordinance, to all new employees who will work at least 80 hours per year within city boundaries, including temporary or part-time employees.8

Many states and localities will be adjusting their minimum wage rates early in 2020, and employers should remember that wage notices may need to be updated for existing employees to reflect those changes. Indeed, advance written notice to existing employees is required in several jurisdictions whenever the information in an existing wage notice will be updated. Employers must remain vigilant about meeting various wage notice requirements and keeping current with minimum pay rates.

Finally, employers should not overlook other new-hire notice requirements applicable to seasonal workers. In Massachusetts, for example, most new employees must receive copies of the state’s paid family and medical leave law within 30 days of their start date,9 the company’s sexual harassment policy, and a Pregnant Workers’ Fairness Act notice, among other things.

5. Predictive Scheduling Requirements. Several localities and one state have instituted predictive scheduling requirements, or “fair scheduling” measures. These measures are likely to particularly impact employers with seasonal employee hiring needs, as holiday schedules and demands can be unpredictable. Predictive scheduling laws affect employers’ ability to schedule and hire staff as they typically require employers to provide employees with at least seven days’ advance notice of their schedules and to pay workers extra compensation if those hours change with short notice.

In Oregon, for example, covered employers10 must provide at the time of hire a “good-faith estimate” of the median number of hours for which an employee will likely be scheduled, along with information about a standby list. For seasonal workers, the estimate may be based on a prior year’s schedule. Employees are entitled to a written copy of their work schedule at least seven calendar days in advance,11 a certain amount of rest between shifts, to provide input into their schedule based on their availability, and compensation for employer-requested schedule changes.

New York City also has extensive predictive scheduling requirements, which vary somewhat by industry. Retail employers, for example, must provide a written schedule at least 72 hours before the first shift of that schedule. Other cities with fair scheduling laws include Berkley, Emeryville, and San Francisco in California and Seattle, Washington. Also of note, Chicago, Illinois12 and Philadelphia, Pennsylvania13 have enacted predictive-scheduling ordinances that will go into effect on July 1, 2020 and January 1, 2020, respectively.

6. Taxes and Benefits. Even though seasonal employees may not work for very long, employers must collect federal Forms W-4 and I-9 for tax purposes and to verify a worker’s eligibility for employment. Further, seasonal employees are obligated to remit several types of withholding, such as federal unemployment taxes, Medicare, social security, and federal income tax, just as are full-time employees. Employers should be sure to process payroll properly for all staff, including seasonal hires.

There may also be benefits issues to consider, including whether the individual qualifies for health care coverage or whether seasonal hiring affects the employer’s status as a large employer under the Patient Protection and Affordable Care Act (ACA).

Employers should remember that seasonal employees also may be covered under state and local laws providing additional health care or leave benefits. Businesses should assess employer and employee coverage under any such laws, including employee eligibility requirements. Be sure to account for, and include orientation materials on, applicable local requirements, like paid sick and safe leave (PSSL) benefits. For example, two local ordinances that may apply to seasonal workers in the North Star State are found in Minneapolis and St. Paul.14 In both cities, employees can earn PSSL at the rate of one hour per 30 hours worked, provided they work at least 80 hours within the calendar year. PSSL can be used by employees for their own sick days, to care for an ill family member, or to handle circumstances related to domestic violence or sexual assault.

In addition to these potential legal duties, employers should consult—and consistently enforce—any employer policies regarding seasonal employees’ entitlement to health care or other benefits, including leaves of absence.

7. Overtime Exemptions and Payroll Records. Employers that intend to classify seasonal employees as exempt from minimum wage and/or overtime requirements should undertake the same detailed, fact-specific exemption analysis for both temporary and permanent employees. For “white-collar” exemptions under the FLSA, for example, employees must: (1) perform certain types of duties as described in the statute; and (2) earn a salary that meets or exceeds a set threshold per week.15 Seasonal employees must meet the same duties requirements as other employees for the exemption to apply. They also must be paid the minimum salary level of $455 per week—at least until that threshold increases to $684 per week (or $35,568 annualized) on January 1, 2020.16 Under the amended regulations effective in 2020, the U.S. Department of Labor (DOL) will allow employers to pay up to 10% of that minimum level ($3,556.80) in commissions, bonuses, and other non-discretionary incentives.

Employers—particularly those not covered by the FLSA—should keep in mind that some states have their own duties tests and salary thresholds for employees to qualify as exempt. Moreover, Alaska, California, and Maine, among other jurisdictions, have higher compensation thresholds for employees to be exempt. (As a result, more employees in such locations may be rendered non-exempt and thus entitled to receive overtime compensation.)

As always, for nonexempt employees, it is very important that employers keep accurate time records for all hours worked and appropriately pay workers for all overtime pay earned. Amidst the chaos of the holidays, record keeping remains critical.

8. Training is key! When onboarding seasonal employees, employers should consider providing the same training and orientation procedures used for permanent personnel. This process helps to establish company expectations for all, promote quality customer service, encourage safe and respectful workplaces, and integrate seasonal staff into the broader team. Employers should prepare managers and other supervisory personnel for increased workforce management needs that accompany the influx of new hires.

Employers also should ensure compliance with all state and local laws concerning policies and procedures, especially in states with mandatory training requirements. Safety training may be required for certain jobs, for example, and a few states obligate employers to provide antiharassment training. For example, Illinois recently expanded its Human Rights Act to mandate that employers annually train all employees working in the state on sexual harassment prevention, effective January 1, 2020.17 California also enacted mandatory antiharassment training requirements, which specifically apply to temporary and seasonal employees of employers with five or more employees. Beginning January 1, 2021, temporary, seasonal or short-term (hired to work for less than six months) employees must be trained within 30 calendar days of their hire date, or within 100 hours worked, whichever is first.18

9. Meal and Rest Breaks. During such a busy and oftentimes stressful time of year, employers should take steps to ensure that all employees are able to take (and do take!) their allotted meal and rest breaks as provided by federal or state law, or company policy. Generally, meal periods are not compensable under federal law if they are 30 minutes or longer, if the employee is relieved of all duties, and if the employee is free to leave his or her workstation. Shorter rest periods, such as a coffee break, are customarily paid for as working time.

State law additionally may require meal or rest breaks at certain intervals and may dictate whether such breaks are paid. Meal and rest breaks are required in California and Minnesota, for example.

While perhaps not a significant issue for solely seasonal retail staff, lactation breaks may also be required. Under the ACA, covered employers must provide lactation breaks of a “reasonable” duration, for up to one year after childbirth. State and local law may impose other lactation break time or accommodation duties.19

In light of all these moving parts, companies should stress the importance of accurately tracking all work time, including breaks, to all management and staff. Supervisors should be on the lookout for any instances where employees perform off-the-clock work and be prepared to promptly respond consistent with company policy.

10. Puerto Rico. Employers with operations in Puerto Rico should also be aware of special rules applying there.20 In Puerto Rico, employees hired for indefinite periods of time, including executives, professionals, administrative employees and outside salespersons, may only be fired for just cause, as this concept is defined by the Unjustified Dismissal Act, commonly known as Act 80. If the job is terminated without just cause, the employee is entitled to severance compensation pursuant to a formula established by Act 80. Employers, however, may recruit employees for and establish true bona fide seasonal and/or temporary employment relationships, to which Act 80 does not apply.

In this context, a temporary and/or seasonal employment relationship is one where an employer hires a person to carry out a specific project or to substitute for another employee during a leave of absence, or to engage in special or short-term tasks. Examples of such projects would be to conduct annual inventories; repair equipment, business machinery or facilities; load or unload cargo; and provide additional help for certain seasons or for temporary surges in production needs. Although not required, it is highly recommended that such relationship be established through a written agreement setting forth the specific temporary need for which the employee was hired.

Employees may also be hired simply for a fixed period of time, in which case Act 80 would not be applicable either. On the other hand, in such cases, if fired prematurely for grounds not justified under their contract terms, these employees may sue for breach of contract. Furthermore, an employee hired for a definite period of time may be found to be covered under Act 80 if the practice and totality of circumstances of the employment tend to create a reasonable expectation of continuous employment. In such cases, the employee is then considered hired for an indefinite period and protected under Act 80.

Finally, note that all non-exempt employees in Puerto Rico, whether hired for an indefinite period of time, temporary, seasonal or fixed time, accrue vacation and sick leave if they work at least 130 hours in any given month. No prorated vacation and/or sick leave accrual applies for months in which the employee works less than the required 130 hours. Sick leave may be taken immediately upon accrual, while vacation leave must be accrued for an entire year before an employee is entitled to take it. If employment is terminated for any reason after six months, however, any accrued vacation leave must be liquidated. Liquidation of accrued sick leave upon employment termination is not required.

In summary, while it may be tempting to rush seasonal employee hiring to get more hands on deck, employers should take the time to comply with existing policies and legal obligations, and to provide seasonal employees with appropriate training. Retail employers with questions about seasonal hiring should consult experienced labor and employment counsel.



1 See Patrick Stokes, Jim Paretti, Michael Lotito and Bruce Sarchet, California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope, Littler Insight (Sept. 23, 2019);  Patrick Stokes, Michael Lotito, and Bruce Sarchet, AB 5 Update: California Legislature Passes Final Bill on September 11, 2019, Littler Insight (Sept. 13, 2019).

2 See Michael Lotito and Alex MacDonald, New Jersey Bill Would Bring California-Style ABC Test to the Garden State, Littler ASAP (Nov. 8, 2019).

4 See María Cáceres-Boneau and David M. Wirtz, New York City to Pass Protections for Freelance Workers, Littler ASAP (Nov. 7, 2016). In addition, the ordinance prevents employers from including collective/class action waivers in their independent contractor agreements, seeks to prohibit arbitration provisions, and voids certain confidentiality provisions. See Christine L. Hogan and David Wirtz, New Rules Applicable to NYC’s Freelance Isn’t Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class Action Waivers, Littler ASAP (July 5, 2017).

5 Colorado has also enacted a law imposing salary history restrictions, but its provisions do not take effect until 2021. See Jennifer Harpole, Colorado Legislature Passes Significant Equal Pay Bill, Including Salary History Ban and Job Posting Requirements, Littler ASAP (May 8, 2019).

6 See Littler’s Pay Equity Laws Map for further information on equal pay laws across the nation.

7 See John Lassetter and Shirley Lerner, Minnesota Wage Theft Law Update, Litter ASAP (Aug. 2, 2019); Joe Weiner, Minnesota Wage Theft Bill with New Employer Requirements Takes Effect July 1, Littler Insight (June 11, 2019).

8 See Susan Fitzke and Stephanie Sarantopoulos, Minneapolis Follows the State’s Lead and Enacts it Own Wage Theft Ordinance, Littler Insight (Aug. 12, 2019).

9 See Alice A. Kokodis and Shannon M. Berube, New Forms and Final Regulations Issued Under the Massachusetts Paid Family and Medical Leave Law, Littler ASAP (June 26, 2019). See also Christopher Kaczmarek, Alice Kokodis, and Shannon Berube, Massachusetts Extends Critical Compliance Deadlines Under the Paid Family Medical Leave Law, Littler Insight (May 2, 2019).

10 The Oregon law applies to retail establishments that employ 500 or more employees worldwide.

11 This notice period will extend to 14 days effective July 1, 2020.

12 See Amanda Inskeep and Kathryn Siegel, Chicago is the Latest City to Enact a Predictive Scheduling Law, Littler Insight (July 26, 2019).

14 By contrast, the PSSL ordinance in Duluth excludes seasonal workers. See Holly Robbins, Jessica Bradley, Christina Jacobson, and Sebastian Chilco, Duluth, Minnesota Issues Paid Sick and Safe Leave Rules & Revises FAQs, Littler Insight (Nov. 11, 2019).

15 The FLSA exempts certain types of seasonal employers—such as in industries that do not typically operate for more than seven months out of the year, like amusement parks, beaches, swimming pools, non-profit conference centers, and summer camps—from federal minimum wage and overtime provisions. 29 U.S.C. § 213(a)(3).

16 See Tammy McCutchen, The DOL’s New Overtime Rule and What it Means for U.S. Employers, Littler Insight (Sept. 24, 2019); see also Tammy McCutchen, The 60-Day Countdown to Compliance, Littler Insight (Nov. 5, 2019) (on-demand webinar discussing how employers can prepare for the upcoming changes).

17 See Shanthi Gaur, Jennifer Jones and Melissa Logan, Illinois’ New #MeToo-Inspired Law Creates Sweeping Employer Obligations, Littler Insight (Aug. 13, 2019); see also Jennifer Schilling and Kyle Mueller, Sharp Curve Ahead! An Employer’s Roadmap to Recent Legislative Developments in Illinois, Littler Insight (Sept. 27, 2019).

18 See Marissa Dragoo, Katherine Kimsey, and Kevin O’Neill, California Pushes Back Start Date for Small Business Anti-Harassment Training Requirement, Littler ASAP (Sept. 3, 2019).

20 The DOL’s final overtime rule will not apply in Puerto Rico. See Maria Elisa Echenique-Arana, Minimum Salary Level in DOL’s Final Overtime Rule Will Not Apply to Puerto Rico, Littler ASAP (Sept. 27, 2019).

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.

© Littler | Attorney Advertising

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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.