Employment Law -- Oct 15, 2013

Manatt, Phelps & Phillips, LLP

In This Issue:

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict

Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal vacation policy. Not only was the company ordered to pay employees for their lost vacation and personal choice time, the court found that the company’s illegal behavior tolled the statute of limitations, allowing the class to recover not just over the four-year period prior to filing the suit, but dating back an additional decade. The company managed to score one victory with the panel’s ruling on how damages should be calculated, however, holding that vacation pay is determined by the employer or contract.

Detailed Discussion
A “use it or lose it” vacation policy violated state labor law, and a class of 178 employees is entitled to millions of dollars in damages, the California Court of Appeal determined.

The unpublished opinion affirmed a ruling for the class of employees but remanded the case for a recalculation of the damages owed, previously set at roughly $8.3 million.

Lexmark International spun off from IBM in 1991 and instituted a policy later that year that required employees to use all of their earned vacation and personal choice days by year-end. Vacation earned in a given year and not used was lost. Tweaks were made to the policy over the years–switching from an employment anniversary date to a calendar year to calculate the appropriate number of days–but it remained in place for roughly 15 years.

In 2005, an employee sued Lexmark, alleging that the policy violated Labor Code section 227.3 by effectively depriving California employees of earned wages. The court extended the period of potential liability beyond the four-year statute of limitations and certified a class of 178 current and former employees.

Following a bench trial, the court entered judgment for the class. Vacation pay is a form of deferred compensation that vests as labor is rendered, the court held, and Section 227.3 protects such vested wages.

The parties battled over the correct calculation of damages for the class. The court ultimately entered an award totaling $8,299,242, with additional amounts for attorney’s fees and costs.

In addition to damages for the Labor Code violation, the court found that Lexmark ran afoul of the state’s Business and Professions Code. It therefore ordered the defendant to notify its California employees in writing of their rights and to develop and implement legal vacation policies.

On appeal, Lexmark challenged nearly every finding and conclusion by the trial court, from certification of the class to the amount of damages to the award of attorney’s fees to the inclusion of certain class members.

But the panel upheld the majority of the trial court’s holdings. Lexmark’s vacation policy violated Section 227.3, the court confirmed. “The evidence in this case established that, beginning in 1991, [Lexmark] adopted a policy that required class members to take vacation and personal choice days. A number of employees lost vacation and personal choice days as a result of the policy. Under the policy, employees were only paid for vacation time accrued during the years they were terminated without regard to prior vested vacation which had been forfeited,” the court wrote. “We agree with the trial court’s determination that [Lexmark] had an illegal policy that forced its employees to either use or forfeit already accrued vacation time in violation of section 227.3.”

Tolling the statute of limitations to allow claims dating back to the policy’s inception in 1991 was also appropriate, the panel said. “By concealing its unlawful conduct from its employees, [Lexmark] precluded class members from bringing the action within the statutory period,” the court wrote.

However, the panel did find error on one issue, ruling that calculations should not be based on gross pay. Rather, the base rate of pay for class members should apply, excluding commissions. Lexmark’s policy “has always stated that vacation pay is calculated at ‘base rate,’ ” the court wrote, and therefore damages should be similarly awarded. Two opinion letters from the state Division of Labor Standards Enforcement provided support for this reasoning, the court noted, stating that the rate of vacation pay is determined by the employer or contract.

The court remanded the case to the trial court for a recalculation of damages.

To read the decision in Molina v. Lexmark International Inc., click here.

Pregnancy Discrimination in California, Maryland, and New York City

Why it matters: The new laws in New York City and Maryland illustrate the growing number of jurisdictions enacting expanded protections for pregnant employees beyond federal laws such as the Americans with Disabilities Act and the Pregnancy Discrimination Act. As for California, employers should familiarize themselves with the Harris decision and its implications. The opinion heightens the standard in FEHA cases, requiring plaintiffs to establish that pregnancy was “a substantial motivating factor” behind the adverse employment action and not simply “a motivating factor.” However, the decision also requires employers to affirmatively plead a mixed-motive defense in the answer to the plaintiff’s complaint or waive it as a defense at trial.

Detailed Discussion
Pregnant employees have made headlines recently, with greater protections for pregnant workers in Maryland and New York City, while the California Court of Appeal adopted a heightened standard for plaintiffs in pregnancy discrimination suits.

In New York City, a new law requiring city employers with four or more employees to provide reasonable accommodations for pregnant women was unanimously passed by the City Council and signed into law by Mayor Michael Bloomberg on October 2.

Pregnant women and those suffering medical conditions related to pregnancy and childbirth are entitled to “reasonable accommodations” under the law, which listed examples like “bathroom breaks, leave for a period of disability arising from childbirth, breaks to facilitate increased water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor.”

Employers that can establish that such accommodations would result in an “undue hardship” to their business may avoid the requirements. Employees who believe they have been discriminated against can file a complaint with the New York City Commission on Human Rights or file suit against their employer.

Pursuant to the new law, set to take effect January 30, 2014, employers must also provide notice to employees about their right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions.

Employers in Maryland are already facing similar requirements under a new law that took effect October 1. There, the Reasonable Accommodations for Disabilities Due to Pregnancy Law requires employers with at least 15 employees to provide accommodations to an employee with a disability caused by or contributed by pregnancy, unless the accommodation would impose an undue hardship on business.

Possible accommodations employers should consider, according to the legislation: changing job duties or work hours, switching work areas, transfer to a less hazardous position, or providing leave. Employers may request certification from an employee’s healthcare provider.

However, on the other end of the spectrum, a California Court of Appeal recently reversed a jury verdict in favor of an employee alleging pregnancy discrimination, holding that plaintiffs must establish that pregnancy was a “substantial motivating reason” behind an adverse employment action – not just “a motivating reason.”

The decision is in accordance with the California Supreme Court’s opinion in Harris v. City of Santa Monica earlier this year, which established that the proper standard of causation in a Fair Employment and Housing Act discrimination or retaliation claim is “a substantial motivating reason.” 

The case involved Lorena Alamo, who was terminated by Practice Management Information Corporation the day she returned from a maternity-related leave of absence. When she filed suit, PMIC said the action was based upon performance problems and insubordination issues. But a jury decided that Alamo’s pregnancy was “a motivating reason” for her termination and awarded $10,000.

The verdict was originally upheld on appeal. But in light of Harris, the panel subsequently reversed and remanded for a new trial, rejecting Alamo’s argument that a jury in an employment discrimination case would not draw any meaningful distinction between the two standards.

“Requiring the plaintiff to show that discrimination was a substantial motivating factor, rather than simply a motivating factor, more effectively ensures that liability will not be imposed based on evidence of mere thoughts or passing statements unrelated to the disputed employment decision,” the court wrote, quoting from Harris.

Importantly for employers, the court also held that PMIC was not entitled to an instruction on a “mixed-motive” defense on remand. A mixed-motive defense is available under FEHA as a limitation on remedies and not a complete defense to liability, the court noted. But PMIC failed to plead the defense in its answer to Alamo’s complaint and never asserted as an affirmative defense that it did not discriminate or retaliate against her, that it acted lawfully in terminating her employment, or that it had legitimate reasons for any adverse employment decision.

PMIC therefore waived the mixed-motive defense, the panel concluded.

To read New York City’s new law, click here

To read Maryland’s new law, click here

To read the decision in Alamo v. Practice Management Information Corp., click here.

Fifth Circuit Adopts Broad Reading of ADA

Why it matters: For employers in the Fifth Circuit, finding a reasonable accommodation for a disabled employee pursuant to the ADA just got more complicated. Accommodations without a nexus to the essential functions of an employee’s job – such as a parking place for an attorney with a bad knee – should be considered to avoid the potential for a lawsuit. The court also emphasized the importance of accommodations that allow employees “to enjoy equal benefits and privileges of employment.”

Detailed Discussion
Adopting a broad interpretation of the Americans with Disabilities Act, the Fifth U.S. Circuit Court of Appeals held that an employer may have an obligation to provide a reasonable accommodation that is unrelated to the essential functions of an employee’s job.

Assistant Attorney General for the Louisiana Department of Justice Pauline Feist suffered from osteoarthritis of the knee. She requested that the LDOJ provide her with a free on-site parking space as an accommodation of her disability. The agency declined.

When she was later terminated, Feist filed suit under the ADA, alleging the refusal to provide parking violated the Act while her termination violated the prohibition on retaliation under both the ADA and Title VII.

A federal district court dismissed her suit, but the Fifth Circuit reversed. It was undisputed that Feist was a qualified individual with a disability known to her employer. Answering the remaining question, the three-judge panel found that Feist’s proposed accommodation was reasonable.

Reasonable accommodations are not restricted to modifications that enable performance of essential job functions, the court wrote. The text of the ADA “gives no indication that an accommodation must facilitate the essential functions of one’s position. Moreover, the requested reserved on-site parking would presumably have made her workplace ‘readily accessible to and usable’ by her, and therefore might have been a potentially reasonable accommodation,” the court said.

The panel also looked to the ADA’s implementing regulations, which provide definitions of a reasonable accommodation, specifically 29 C.F.R. § 1630.2(o)(1): “Modifications or adjustment that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees.”

The district court “erred in requiring a nexus between the requested accommodation and the essential functions of Feist’s position,” the Fifth Circuit concluded. The court vacated and remanded the case, expressing no opinion as to whether the parking space was reasonable.

To read the decision in Feist v. Louisiana, click here.

Discrimination Against Transgender Employee Results in $50,000 Settlement

Why it matters: Employers should take note – this settlement affirms the EEOC’s position that discrimination against transgender workers constitutes a violation of Title VII, following a 2012 case where the agency held that such stereotyping on the basis of sex is illegal in Macy v. Department of Justice, involving a police detective in Phoenix who transitioned from male to female. In a press release about the deal, the EEOC said that courts are also increasingly recognizing that discrimination based on transgender status – also referred to as gender identity – constitutes a violation of Title VII’s prohibition on sex discrimination.

Detailed Discussion
The Equal Employment Opportunity Commission recently reached a conciliation agreement with a supermarket chain accused of discriminating against a transgender employee, including a $50,000 payment to the victim.

Cori McCreery approached supervisors at Don’s Valley Market in Rapid City, South Dakota, to inform them of her intent to transition from male to female. In response, the supermarket chain fired the store clerk, the EEOC alleged, despite her five years of good performance for the company and recent promotion. McCreery said she was told that she was “making other employees uncomfortable.”

The agency alleged the termination violated Title VII’s prohibition on gender discrimination. “Employers need to be made aware that their personal myths, fears, and stereotypes about gender identity can subject them to liability if they act upon them in an employment setting,” Julie Schmid, acting director of the EEOC’s Minneapolis Area Office, which handled the case, said in a statement.

In addition to the $50,000 payment, Don’s Valley Market agreed to provide McCreery with a letter of apology and a letter of recommendation. In addition, the chain must make several policy changes, including conducting annual antidiscrimination training for all employees, establishing and distributing an antidiscrimination policy to all employees, and reporting all future complaints of discrimination to the EEOC.

Lambda Legal, which represented McCreery, noted that the payment reflects the maximum statutory penalty for a business with under 100 employees.

The NLRB: There’s An App For That

Why it matters: The app makes it even easier for employees to learn about their rights under the NLRA and to contact the NLRB with any questions or concerns. The release is only the latest step in the Board’s educational efforts, following a revamped website and a proposed rule requiring employers to hang posters detailing employees’ rights in the workplace, a move shot down by multiple federal courts.

Detailed Discussion
The National Labor Relations Board has gone mobile, releasing a free app for both iPhone and Android users.

In a statement, the Board said the move is part of its efforts to reach employees with information about their rights. The agency received more than 82,000 inquiries last year about work-related issues and “this app can help provide the answers,” NLRB Chairman Mark Pearce said in a statement. “The promise of law can only be fulfilled when employers and employees understand their rights and obligations.”

The app offers information for employees, employers, and unions. For example, it walks users through the process the NLRB uses in elections held to determine whether employees want to be represented by a union; it also explains what rights are afforded employees under the National Labor Relations Act.

Specific topics covered by the app include employees’ right to engage in protected concerted activity and what that includes, with specific examples such as talking with coworkers about wages or other working conditions.

Social media, an issue on the Board’s radar recently, is addressed. Employees are informed by the app of their right to engage on sites such as Facebook and YouTube about work-related issues. Other topics include strikes, pickets, and protests.

The app also makes contacting the Board easier. A “CONTACT NLRB” button can take users to a page with contact information for the closest NLRB office or for calling the Board directly.


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.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"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.