From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage

by Littler
Contact

Littler

On September 5, 2018, the Michigan Legislature adopted as law a proposed ballot measure that will require employers to provide their employees paid leave that can be used for “sick” and “safe” time purposes. Michigan’s Earned Sick Time Act (ESTA) is the Midwest’s first statewide paid sick and safe time (PSST) law. It follows a common theme familiar to employers subject to one or more PSST laws, but as currently written, omits some common PSST components.

The Legislature also adopted as law a proposed ballot measure concerning the state’s minimum wage, entitled the “Improved Workforce Opportunity Wage Act” (IWOWA). That act contains a series of annual hikes to the state’s minimum wage, ultimately reaching $12.00 per hour in 2022. In addition, the IWOWA phases out the tip credit afforded to employers of service employees who receive gratuities over the same timeframe.

This article discusses how the proposals became law and what they require, while highlighting notable provisions that are not (yet) included.

How We Got Here

This process began when the initiatives collected enough signatures to qualify for the November 2018 election. The State Constitution requires qualifying ballot measures to go through the State Legislature, which may adopt the proposal as-is, reject the measure and have voters determine the measure’s fate, and/or propose a different version for voters to also consider. The Legislature chose to adopt the initiatives as written. According to the State Constitution, the Governor’s signature was not required to enact the proposals. Many observers might be scratching their heads, wondering how these laws could pass in a state with a Republican Governor and Republican majorities in both State houses. However, as we will briefly explain, the move may not be as radical as some might think.

PSST ballot measures have been very successful. In recent history, only two proposals have failed to pass. In Berkeley, California, failure was actually the desired result. There were two measures on the ballot: the original item proposed, and a measure proposed by the city council as an alternative. Instead, all parties agreed on a compromise proposal that the city eventually adopted, which occurred before the measures could be removed from the ballot. Both the city and original measure drafters then advocated successfully for constituents to vote down the measures. In Albuquerque, New Mexico, a measure lost by less than a thousand votes. With this history in mind, PSST may have seemed “inevitable” to Michigan legislators, so adopting the measure was a way to take greater control of the issue.

Had the issues gone to, and been approved by, the voters, employers would be left scrambling to adjust operations because the laws would have taken effect 10 days after the date of the official declaration of the vote. Because the Legislature took control, both laws will take effect 90 days after the current legislative session ends. Based on our estimations, the effective date should be around April 1, 2019, unless the Legislature adjourns earlier than expected.1 As a result of the Legislature’s action, employers have more lead time to review and revise their leave policies and procedures. This additional time will be appreciated by employers with multi-state or nationwide operations, especially those subject to a patchwork of PSST laws.

In addition to providing this valuable lead time for employers, the Legislature’s choice to adopt the initiatives enabled it to amend, clarify, and refine the laws.2 As we will discuss below, the PSST law as currently enacted contains many gaps and omissions that could be addressed to add clarity. Legislators have recaptured the power to create a more considered law and to regulate some crucial PSST issues, such as accrual caps.

The Legislature’s move has invited controversy. Drafters of the minimum wage ballot measure question legislators’ motives and fear the Legislature will gut the measure via amendments. They have vowed to file suit against the State Legislature. Any such challenge may face an uphill battle because the State Constitution grants the Legislature to authority to do exactly what it did.

With that background in mind, let’s turn to review the provisions of each new law.

Michigan’s Earned Sick Time Act

Covered Employers, Employees & Relations

The ESTA will apply to all private employers employing one or more individuals. Different standards will apply depending on whether an employer has 10 or more, or fewer than 10 (i.e., small employers), individuals on its payroll during any 20 or more calendar workweeks in either the current or preceding calendar year.

An individual engaged in service to an employer in the employer’s business is a covered employee. Generally, the ESTA contains no employee exceptions. However, employees covered by a collective bargaining agreement (CBA) in effect on the law’s effective date will not be subject to the law until the CBA expires. Importantly, evergreen clauses in pre-ESTA CBAs will not be recognized for ESTA purposes, meaning that, when the CBA expires, employees covered thereunder will be covered under the law, regardless of what the CBA says about its continued validity.

Employees can use leave for themselves or to care for or assist a family member. In this context, family members include a child, grandchild, grandparent, parent, sibling, spouse, and any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Accrual, Caps, and Carry-Over

Employers can comply with the ESTA by providing paid leave (e.g., vacation, personal days, PTO), as long as that leave: (1)  accrues at a rate equal to or greater than what the ESTA requires; (2) is at least the same amount; and (3) may be used for the same purposes and under the same conditions. Additionally, for small employers, employees must be entitled to use paid leave before using unpaid leave.

Otherwise, employees must begin accruing leave on the law’s effective date or when employment begins – whichever is later – at a rate of at least one leave hour for every 30 hours worked. Generally, employees accrue paid leave, but employees of small businesses will accrue paid, then unpaid, leave. If employees are covered by the executive, administrative, professional, or outside sales exemptions under the federal Fair Labor Standards Act, they are assumed to work 40 hours each workweek, but, if their normal work week is less than 40 hours, they accrue leave based on hours worked in their normal workweek.

As currently written, the ESTA does not contain an annual or overall accrual cap, and simply provides that accrued leave must carry over from year to year. The law does not discuss whether employers can avoid accrual tracking and carry-over requirements via front loading, i.e., providing a specific amount of leave at the beginning of each year. We hope these issues will be addressed by the enforcement agency, or will be the subject of future legislative amendments.

Using, Requesting, Documenting, and Paying for Leave

An employee may use leave as it is accrued. For employees hired after April 1, 2019, employers may require that they wait until the 90th calendar day after commencing employment before using it.

Employees are not entitled to use more than 72 leave hours per year, unless the employer selects a higher limit. For employees of small employers, however, 72 leave hours breaks down to 40 paid and 32 unpaid hours, and employees may use paid leave before having to use unpaid leave.

Leave may be used in hourly increments or the smallest increment an employer's payroll system uses to account for absences or use of other time, whichever is smaller.

Under the ESTA, leave can be used to tend to the (1) mental or physical illness, injury, or health condition of an employee or covered relation; (2) medical diagnosis, care, or treatment thereof; or (3) preventative medical care. If an employee or covered relation is a victim of domestic violence or sexual assault, leave can be used for various “safe” time purposes, including:

  • to undergo medical care or psychological or other counseling;
  • to obtain services from a victim services organization;
  • to relocate;
  • to obtain legal services; and
  • to participate in any civil or criminal proceedings.

Additionally, an employee can use leave if his or her workplace, or child’s school or place of care, has been closed by a public official due to a public health emergency. Leave may also be used when health officials or a health care provider determines that an employee's or covered relation's presence in the community would jeopardize others’ health because of exposure to a communicable disease. Finally, employees can use leave to attend meetings at a child's school or childcare facility related to the child's health or disability, or the effects of domestic violence or sexual assault on the child.

If the need to use leave is foreseeable, an employer may require advance notice of the employee’s intention to use leave, which cannot exceed 7 days before the date leave will begin. If the need is unforeseeable, an employer may require the employee to give notice as soon as practicable. Whether foreseeable or unforeseeable, an employer cannot require an employee to disclose details relating to domestic violence, sexual assault, or a medical condition as a condition of providing leave.

If an employee uses leave for more than three consecutive days, an employer may require reasonable documentation that leave has been used for a covered purpose. If requested, an employee must provide documentation in a timely manner, but the law does not address what “timely” means. For “sick” time purposes, documentation signed by a health care professional indicating that leave is necessary is considered reasonable. For “safe” time purposes, one of the following documentation types – selected by the employee – is considered reasonable: a police report; a signed statement from a victim and witness advocate; or a court document indicating that the employee or covered relation is involved in legal action related to domestic violence or sexual assault.

If documentation is requested, an employer must pay all out-of-pocket expenses an employee incurs to obtain the documentation. If the employee has health insurance, the employer must pay any costs charged to the employee by a health care provider for providing the specific documentation required by the employer.

Health information or information pertaining to domestic violence or sexual assault about an employee or covered relation that an employer possesses must be treated as confidential and cannot be disclosed except to the affected employee or with the affected employee’s permission.

An employer cannot require that documentation explain the nature of the illness or the details of the violence, nor can it delay leave beginning until it has received documentation.

Under the ESTA, employees using leave must be paid their normal hourly wage or the state minimum wage, whichever is greater. If an employee’s hourly rate varies depending on the work performed, leave must be paid at the employee’s average hourly wage in the pay period immediately before the pay period in which leave was used. Notably, the law does not address common PSST pay rate calculations for, e.g., exempt employees, employees earning commissions, tipped employees. Nor does the law discuss what is not included when calculating an employee’s pay rate.

Employer Notice, Posting & Recordkeeping Requirements

At the time of hiring or by April 1, 2019—whichever is later—an employer must provide each employee written notice that includes, at a minimum, all of the following information:

  • the amount of leave required to be provided under the law;
  • the employer's choice of how to calculate a "year;"
  • the terms under which leave may be used;
  • that retaliatory personnel action against an employee for requesting or using leave is prohibited; and
  • the employee's right to bring a civil action or file a complaint with the Department of Licensing & Regulatory Affairs for any violation.

Additionally, an employer must conspicuously display a workplace poster, where accessible to employees, containing the information in the required notice. The notice must be—and the poster should be—in English, Spanish, and any language that is the first language spoken by at least 10% of the employer's workforce, as long as the department has translated the notice or poster into such language.

For not less than 3 years, an employer must retain records documenting the hours worked and earned sick time taken by employees. If a question arises as to whether an employer has violated an employee's right to earned sick time and the employer does not maintain adequate required records, or does not allow the department reasonable access to those records, there is a presumption that the employer has violated the law, which can be rebutted only by clear and convincing evidence.

Transferred, Separated, & Rehired Employees and Successor Employers

If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee retains all previously accrued earned sick time and may use it.

Upon an employee's termination, resignation, retirement, or other separation from employment, an employer is not required to pay the employee for accrued but unused leave. However, if an employee separates from employment and is rehired by the same employer within six months, previously accrued but unused leave must be reinstated and the employee can use that leave and accrue additional leave upon reinstatement.

If a different employer succeeds or takes the place of an existing employer, the successor employer assumes the responsibility for leave accrued by employees who remain employed by the successor employer, which can be used in accordance with ESTA.

Prohibitions, Penalties, Damages, and Enforcement

Under the ESTA, an employer cannot require an employee to search for or secure a replacement worker as a condition for using leave. Also, a contract or agreement between an employer and employee, or acceptance by an employee of a paid or unpaid leave policy that provides fewer rights or benefits than the law provides, is void and unenforceable.

An employer or any other person cannot interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under the law. Additionally, an employer cannot retaliate or discriminate against an employee for exercising protected rights, including using sick time, filing a complaint; cooperating with investigations; or informing others of their rights under the law. There is a rebuttable presumption of retaliation if an employer takes adverse personnel action against an individual within 90 days after that person exercises any of the aforementioned protected rights and/or opposes any unlawful policy, practice, or act. The law’s protections apply to any person who mistakenly but in good faith alleges a violation of the law.

An employer's absence control policy cannot treat earned sick time taken under the law as an absence that may lead to or result in retaliatory personnel action.

At any time within 3 years after a violation or the date when the employee knew of a violation – whichever is later – an aggrieved employee may bring a civil action or file a claim with the Department of Licensing & Regulatory Affairs (which is not a prerequisite to filing suit).3

An employer that fails to provide earned sick time or retaliates against a current or former employee is subject to a civil fine of not more than $1,000. An employer that willfully violates the law’s notice or posting requirement is subject to a civil fine of not more than $100 for each separate violation.

Aggrieved employees may recover the follow relief, as appropriate: payment for used earned sick time; rehiring or reinstatement; back wages; reestablishment of employee benefits to which the employee would have been eligible if the employee had not been subjected to retaliation; an equal additional amount of liquidated damages; and costs and reasonable attorney’s fees.

The Improved Workforce Opportunity Wage Act

While the IWOWA does not create a new statutory framework like the ESTA, the changes it effects on Michigan’s minimum wage are nevertheless significant. Under the IWOWA, the minimum hourly wage will increase annually. When the law takes it effect, the minimum wage will rise from the current rate of $9.25 to $10.00.4 On January 1, 2020, the minimum hourly wage will increase to $10.65, and again on January 1, 2021 to $11.35. Ultimately, the minimum wage will be set to $12.00 on January 1, 2022. Thereafter, every October beginning in 2022, the state treasurer will calculate an adjusted minimum wage rate, which will increase based on the rate of inflation and take effect on the subsequent January 1.

The IWOWA also includes a phase-out of the lower minimum wage paid to service employees who receive gratuities. The minimum hourly wage paid to these workers will gradually increase each year and is scheduled to match the Michigan minimum wage by January 1, 2024. The act also expressly permits voluntary tip pooling. While the IWOWA addresses the impact of tip credits on service employee wages, ambiguity remains as to how tip credits are to apply through 2024. On the one hand, the IWOWA provides a framework for phasing out the tip credit by 2024; yet in a subsequent subsection, the law states that “[g]ratuities and service charges paid to an employee are in addition to, and may not count towards, wages due to the employee.” Hopefully this sentence is clarified through amendment or administrative action. Employers should stay tuned because, as noted earlier, there are already rumblings about potential litigation over the enactment and potential alteration of the IWOWA. There may be significant litigation and further legislation before the dust settles and employers have a clear understanding of the future of the minimum wage in Michigan.

Next Steps

Employers should watch for amendments the Legislature may propose and/or adopt during the remainder of the current legislative session or in the next term. They should also monitor the website of the Michigan Department of Licensing and Regulatory Affairs for any future FAQs and/or regulations. (Of course, the Department may or may not move forward with guidance or administrative rules depending on whether, and how, the Legislature amends these laws in the future.) If a lawsuit is in fact filed against the State Legislature, employers may consider periodically checking in with counsel about the litigation’s status as well as the laws’ ongoing impacts.

 

Footnotes

1 As currently scheduled, December 20th is the last day either house may conduct official business. The legislative session should end no later than December 31.

2 If voters, instead of the Legislature, had approved the measures, amendments would be very difficult to pass. According to the State Constitution, amendments of a law created by ballot measure can be effectuated in two ways: via another ballot measure approved by voters or by three-fourths of both legislative houses voting in favor of amendments. Even when one party has a majority in both houses, obtaining “super-majority” consensus is a difficult task.

3 The department will investigate complaints and attempt to resolve disputes through mediation between the parties. If the department believes that a violation has occurred, it must issue to the offending person or entity a notice of violation and the relief required. If the department determines that there is reasonable cause to believe that an employer violated the law and is subsequently unable to obtain voluntary compliance by the employer within a reasonable time, the department must bring a civil action on the employee’s (or employees’) behalf.

4 Although the proposal uses January 1, 2019, the law will not take effect until months later, so the law’s effective date, not the first scheduled increase date, controls.

 

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
Contact
more
less

Littler on:

Readers' Choice 2017
Reporters on Deadline

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

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

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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

Collection of Information

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

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

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

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

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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

How is your information shared?

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

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.