Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

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As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the state and local levels, presenting compliance challenges for employers with operations in multiple jurisdictions. This article highlights labor and employment activity at the federal level, and summarizes some of the key generally applicable laws and regulations that will affect employers in the year to come.

Federal Activity

The 116th U.S. Congress did not advance much legislation related to employment in 2019. Most federal employment law activity has been confined to agency regulatory developments. The most far-reaching of these developments is the Department of Labor’s final rule amending the regulations for “white collar” overtime exemptions for employees. The final rule increases the minimum salary level for exemption from $455 per week to $684, or $35,568 per year. The final rule also increases from $100,000 to $107,432 the total annual compensation required for employees to qualify under the shorter highly compensated employee test. In addition, the DOL is expected to issue a final rule on joint employment under the FLSA by the end of this year or early 2020.

The Equal Employment Opportunity Commission was without a quorum for nearly half the year, resulting in fewer new case filings over the prior year. Notably, however, the EEOC announced on September 11, 2019 that it would not seek approval from the Office of Management and Budget to collect detailed employee compensation statistics on the Form EEO-1 next year, which had been a contentious issue.  A public hearing on this issue currently is scheduled for November 20, 2019. Meanwhile, litigation surrounding the completion of this year’s collection of EEO-1 data continues.

The National Labor Relations Board, on August 12, 2019, issued a proposed rule designed to “better protect employees’ statutory right of free choice” regarding their union representation. Specifically, the proposed rule would make three amendments to the Board’s representation election regulations. The Board also issued a proposed rule to exclude from the National Labor Relations Act undergraduate and graduate students at private colleges and universities who perform services in connection with their studies. In September 2018, the Board issued a proposed rule revising the test for determining when two employers are considered “joint employers” under the NLRA. Final regulations are expected shortly.  In addition, the Board issued a number of key decisions clarifying the administration’s position on various issues, including work rules, unilateral operational changes, nonemployee access to property, bargaining unit determinations, and withdrawing union recognition upon contract expiration, among others.  

Immigration policy and enforcement remains a priority of the current administration. While no significant immigration legislation advanced in 2019, employers are likely to see continuing increased U.S. Immigration and Customs Enforcement activities, including workplace raids and I-9 audits. At the same time, visa denials have increased, putting a strain on many employers that rely on foreign labor to fill their workforce operational needs. Relatedly, the Social Security Administration vigorously renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers, and SSA shows no sign of letting up in 2020.

State and Local Activity

While federal legislative developments were slow in 2019, state and local lawmakers picked up the slack. As the chart below demonstrates, states and municipalities have adopted new laws and ordinances that will take effect on a variety of topics, including sexual harassment training and anti-discrimination measures, paid leave, medical marijuana, and salary history inquiries.

Laws Taking Effect in 2020 – and Beyond

The chart below briefly recaps some of the significant laws and regulations that will become effective in the few remaining weeks of 2019, throughout 2020, and beyond. Although local and industry-specific laws may be listed, these samples are included primarily to highlight compliance challenges employers face. Further, this chart does not include all state and local minimum wage updates. A complete discussion of minimum wage rate changes for 2020 can be found in a separate Littler Insight. Because the below chart is only a summary and does not include all possibly applicable laws, employers are encouraged to discuss with employment counsel the local, state, and/or federal laws that will apply to their workplace in the future.

Federal

Maryland

Oklahoma

California

Michigan

Pennsylvania

Colorado

Minnesota

Rhode Island

Connecticut

Nevada

Tennessee

Delaware

New Hampshire

Texas

Georgia

New Jersey

Vermont

Illinois

New Mexico

Virginia

Iowa

New York

Washington

Maine

Ohio

 

Federal

Law

Main Topic

Summary

Effective Date

DOL

Final Rule

“White Collar” Overtime Exemption

Raises the income level that employees must reach to $684 per week, or $35,568 per year, to qualify as exempt. Allows employers to pay up to 10% of compensation as bonuses or commissions (or $3,556.80 per year) for employees to still meet the threshold for exemption.

1/01/2020

DOL 

Final Rule

Electronic Payment of Penalties

Allows payments of civil money penalties under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), the H-2A provisions of the Immigration and Nationality Act (H–2A), the Fair Labor Standards Act (FLSA), and the Employee Polygraph Protection Act (EPPA) to be made electronically.

11/07/2019

DOL Notice

Federal Contractor Minimum Wage

Yearly update provides that for 2020, federal contractors must pay covered workers at least $10.80 per hour, and covered tipped employees performing work on or in connection with covered contracts a cash wage of at least $7.55 per hour.

1/01/2020

Closing out his first year in office, California Governor Gavin Newsom signed more than 40 bills with labor and employment ramifications. While several of the major laws are identified below, employers interested in more information should review our earlier article concerning the onslaught of new regulations in the Golden State.

California

Law

Main Topic

Summary

Effective Date

AB 5

and

AB 170

Worker Classification:
Test for Determining Independent Contractor Status

Adopts as law the ABC test from the Dynamex v. Superior Court1 case as a way to classify whether workers are employees or independent contractors, based on whether the hiring entity controls the work, if the worker does tasks outside the usual course of the hiring entity’s business, and whether the worker performs similar work for other customers. Applies the ABC test to the wage orders, labor code, unemployment insurance code, and, effective 7/01/2020, workers’ compensation laws.  Creates seven broad categories of exceptions – occupations and industries for which the ABC test is not applied.  A related measure, AB 170, exempts newspaper distributors from these new requirements, but only until 2021.

1/01/2020,

in general

7/01/2020,

for purposes of workers’ compensation

AB 9

Discrimination Claims: Extension of Statute of Limitations

Extends the statute of limitations from one year to three years for complaints alleging employment discrimination under the Fair Employment and Housing Act (FEHA). For this measure, “filing a complaint” refers to filing an intake form with the Department of Fair Employment and Housing. Does not apply to previously lapsed claims. Leaves unanswered whether claims that arose in calendar year 2019 will be subject to a one- or three-year statute of limitations.

1/01/2020

AB 17

Vote By Mail Ballot: Employee Protections

Prohibits employers from requiring or requesting employees bring mail ballots to work and creates a $10,000 civil fine for violations.

01/01/2020

AB 252

California Consumer Privacy Act of 2018: Exemption for Employment-Related Information

Exempts from the coverage of the California Consumer Privacy Act of 2018 (CCPA) certain personal information businesses gather from employees or job applicants within the normal scope of employment or hiring. The exemption is scheduled to sunset on 1/01/2021.

1/01/2020

AB 51

Waiver as Condition of Employment

Bans employers from requiring employees or applicants to waive any right, forum, or procedure under the FEHA or Labor Code as a condition of employment. Further prohibits employers from retaliating or threatening employees who refuse to waive such rights. Applies to agreements entered into, modified or extended on or after 1/01/2020. Does not apply to postdispute settlement, or negotiated severance, agreements.

1/01/2020

AB 61

Gun Violence: Employer Restraining Order

Amends gun violence restraining order law to allow employers, co-workers, and school employees to seek such an order.

9/01/2020

AB 673

Failure to Pay Wages: Remedies and Penalties

Authorizes employees seeking wages owed to bring an action either to recover statutory penalties against the employer or to seek to enforce civil penalties under the Private Attorneys General Act (PAGA)—but not both for the same violation. Also makes non-payment of wages under the Barbering and Cosmetology Act a recoverable offense.

1/01/2020

AB 749

Settlement Agreements: Restraints in Trade

Prohibits employment settlement agreements from restricting a settling party from working for the employer or any parent, subsidiary, or affiliate (“no rehire” agreements), unless the employer has made a good faith determination that the person engaged in sexual harassment or assault. Applies to agreements entered into on or after 1/01/2020.

1/01/2020

AB 874   

California Consumer Privacy Act of 2018: Definitions

Expands the definition of “publicly available” information that is exempted from the CCPA to include information that is made available from government records. Also amends the definition of “personal information” to include information that could be “reasonably associated” with a specific individual or household, and to exclude deidentified or aggregate information.

1/01/2020

AB 1130

Personal Information: Data Breaches

Revises the definition of personal information in various consumer protection statutes to include biometric data, tax identification numbers, and passport numbers. Authorizes businesses notifying of a breach to include instructions on how to notify other entities that the breached data is no longer reliable for authentication.

1/01/2020

AB 1223

Protected Time Off: Living Organ Donation

Requires an employer to provide additional, unpaid leave time, of up to 30 days a year, to an employee who is donating an organ.

1/01/2020

AB 1554

Health Savings Accounts/Flexible Spending Accounts: Annual Withdrawal Notice

Requires that employers provide two forms of notice to employees participating in a flexible spending account (including a health savings, dependent care, or adoption assistance account) of upcoming withdrawal deadlines toward the end of a benefit year.

1/01/2020

AB 1804

Occupational Injuries and Illnesses: Reporting

Requires employers to report serious injury, illness, or death immediately through an online mechanism established by the Division of Occupational Safety and Health or to report by telephone.

1/01/2020

AB 1805

Occupational Injuries and Illnesses: Expanded Definitions for Reporting Requirements

Revises the definition of “serious injury or illness” in the workplace to remove the 24-hour minimum time requirement for inpatient hospitalization, for reasons other medical observation or tests. Also updates the definition of “serious exposure” as exposure to a hazardous substance that could realistically cause death or serious physical harm.

1/01/2020

SB 83

Paid Family Leave

Increases paid family leave from six weeks to eight weeks beginning 7/01/2020, and creates a task force to develop a proposal for further job protections, including an increased wage replacement rate.

6/27/2019

SB 129

Health Care Coverage Reporting

Requires all health care service plans or insurers to report enrollment data for products sold inside and outside of Covered California plans and any other business lines, and to include participant data for certain multiple employer welfare arrangements.

1/01/2020

SB 142

Lactation Accommodation

Obligates employers to provide a private, safe lactation room with a seat, electricity, and a surface, that is not a bathroom and is in proximity to the employee’s work station. Employers must also provide access to refrigeration or a cooler and running water near the workspace. Creates undue hardship exemptions for certain employers.

1/01/2020

SB 188

Racial Discrimination: Hairstyles

The CROWN Act expands the definition of prohibited racial discrimination, barring employers from banning racially associated hairstyles in dress codes or grooming standards.

1/01/2020

SB 260

Health Insurance Enrollment

Requires the California Health Benefit Exchange, beginning no later than 7/1/2021, to enroll an individual in the lowest cost silver plan or another plan upon receiving the individual’s electronic account from an insurance affordability program. As of 1/1/2021, health care plans and insurers must transfer information to the Exchange about individuals who ceased to carry coverage.

1/01/2021

SB 530

Construction Industry: Harassment Prevention Training

Instructs the Division of Labor Standards Enforcement to develop industry-specific harassment prevention policy and training standard. Delays harassment prevention training requirement for the construction industry, until 1/01/2021. Clarifies how employers with multi-employer CBAs may satisfy training duty.

1/01/2020

SB 530

Staffing Agencies, Temporary Workers: Harassment Prevention Training

Delays harassment prevention training requirement for seasonal, temporary, or other employees hired to work for less than six months, until 1/01/2021.

1/01/2020

SB 688

Failure to Pay Wages: Restitution & Contract Wages

Extends the authority of the Labor Commissioner to cite an employer’s failure to pay minimum wages under a contract. “Contract wages” means wages based on an agreement in excess of the applicable minimum wage for regular, nonovertime hours.

1/01/2020

SB 778

Harassment Prevention Training

Amends last year’s SB 1343 to revise the deadline for expanded training requirements of new employees on antiharassment state law guidelines to 1/01/2021. Does not modify the training timeline for supervisory employees, or the threshold requirement that employers with 5 or more employees must provide training.

8/30/2019

San Francisco Health Care Expenditure Rate: Annual Announcement

San Francisco Health Care Security Ordinance: 2020 Expenditure Rate

Raises San Francisco's health care expenditure rate to $3.08 per hour for employers with 100 or more employees and $2.05 per hour for employers with 20-99 employees.

1/01/2020

San Francisco Health Care Salary Exemption Threshold: Annual Announcement

San Francisco Health Care Security Ordinance: Exempt Employees

Provides that managerial, supervisorial, or confidential employees who earn $104,761 or higher are exempt from the HCSO.

1/01/2020

Colorado

Law

Main Topic

Summary

Effective Date

HB 1210

Anti-preemption: Minimum Wage

Repeals state prohibition that prevented local governments from enacting local minimum wages and allows up to 10% of local governments to set minimum wage requirements. 

1/01/2020

HB 1267

Wage & Hour: Classification of Employees, Wage Theft Penalties

Amends key definitions, enhances criminal penalties for wage theft, and clarifies how to classify workers as employees or independent contractors.

1/01/2020

SB 85

Equal Pay & Salary History Inquiries

Amends pay equity law to state that employers cannot discriminate in wages among employees based on sex, or based on sex combined with any of the state’s other protected classes for employment purposes, unless the employer can demonstrate a difference based on seniority, merit, location, experience, or other specified reasons. Further clarifies that “sex” includes gender identity, prohibits salary history inquiries, and protects employees who ask about, disclose, compare, or otherwise discuss employee wage rates.

1/01/2021

Connecticut

Law

Main Topic

Summary

Effective Date

SB 3

Antiharassment Training

Requires employers with 3 or more employees to provide 2 hours of sexual harassment training to all employees. Training must be complete for new hires within 6 months of hire, and for existing employees by 10/1/2020. Smaller employers must provide training to supervisory employees, by 10/1/2020 or within 6 months of assuming the role.

10/01/2019

SB 72

Employer Tax Credit: Student Loan Payments

Creates a tax credit totaling 50% of student loan payments that qualified employers pay directly on qualifying employees’ student loans.

1/01/2022

Delaware

Law

Main Topic

Summary

Effective Date

SB 37

Background Checks: Criminal Record Expungement

Allows an individual to apply to have criminal history expunged; if expunged, the individual need not disclose offenses or records related to offenses for any reason.

12/28/2019

Georgia

Law

Main Topic

Summary

Effective Date

Atlanta Ordinance No. 19-O-1205

Smoking

Bans smoking and using vapor products in all places of employment, including outdoor areas of employment, as well as bars and restaurants.

1/01/2020

Illinois

Law

Main Topic

Summary

Effective Date

HB 252

Workplace Discrimination: Illinois Human Rights Act Coverage

Reduces the number of employees needed for an employer to be covered by the Illinois Human Rights Act (IHRA) from 15 employees to 1. Exempts only places of worship.

7/01/2020

HB 1438

Marijuana: Cannabis Regulation and Tax Act

As of 1/01/2020, authorizes individuals age 21 and over to legally possess, use and purchase limited amounts of cannabis for personal use. Prohibits employers from discriminating against workers who lawfully use cannabis off premises, during nonworking and non-call hours.

6/25/2019

HB 2557

Privacy: Artificial Intelligence Video Interview Act

Provides that an employer that asks applicants to record video interviews and uses an artificial intelligence analysis of applicant-submitted videos must notify each applicant in writing before the interview and obtain consent.

1/01/2020

HB 2830

School Activities Leave

Amends school activities leave law to allow employees to take up to 8 hours of unpaid leave to attend school conferences or behavioral or academic meetings. Prohibits employers from terminating employees absent for covered reasons.

8/01/2020

HB 3405

Minimum Wage: Tips

Amends wage law to clarify that gratuities may not be kept by employers. Requires gratuities owed to be paid within 13 days after the end of the pay period when gratuities were earned.

1/01/2020

SB 753

Workplace Discrimination: Workplace Transparency Act, Hotel and Casino Employee Safety Act, Sexual Harassment Victim Representation Act, and Amendments to IHRA

Creates three new laws and amends others that relate to sexual harassment and discrimination. New provisions generally preclude agreements that would prohibit employees from reporting or seeking remedies regarding unlawful employment practices; mandate panic buttons for hotel and casino workers; and ensure that a union member who has been harassed has a different union representative during proceedings than the accused. Amends IHRA to require annual employer reporting of judgments or rulings finding sexual harassment or unlawful discrimination. Also mandates annual sexual harassment prevention training for employees and requires certain employers (bars, restaurants) to adopt written antiharassment policies.

Varies

SB 86

Wireless Telecommunications Devices and Driving

Amends ban on use of cell phones while driving to clarify that drivers may not use a wireless communication device to watch videos.

1/01/2020

SB 161

Wage & Hour: Worker Protection Unit

Creates a Worker Protection Unit under the state attorney general to initiate, enforce, and defend all criminal or civil legal matters related to violations of wage and hour law.

1/01/2020

SB 556

Gender-Neutral Restrooms

Requires single-occupancy restrooms in public accommodations or public buildings to be identified for all-gender use and designated for use by one person at a time or for a family or assisted use.

1/01/2020

SB 1624

Data Security Breach Notification

Expands the data security breach notification statute to include a requirement to notify the state attorney general if more than 500 residents are affected by the breach.

1/01/2020

SB 1780

Background Checks: Workplace Discrimination

Bans employers from inquiring into or using a criminal arrest as a reason to refuse to hire an applicant, discriminate against an applicant or employee, or take other negative employment actions.

1/01/2020

Chicago Ordinance No. O2019-3928

Wage & Hour: Predictive Scheduling

Requires employers of 100 or more employees to provide predictability pay and two weeks' advance notice of work schedules.

7/01/2020

Iowa

Law

Main Topic

Summary

Effective Date

Waterloo Ban-the-Box Ordinance

Background Checks: Administrative Enforcement Procedures

Prevents employers from inquiring about an applicant’s criminal history until an offer of employment has been made.

7/01/2020

Maine

Law

Main Topic

Summary

Effective Date

LD 369

Paid Leave

Entitles employees to accrue one hour of paid leave for every 40 hours worked for an employer with more than 10 employees. Excludes employees under collective bargaining agreements between January 1, 2021 and the expiration of the agreement.

1/01/2021

Maryland

Law

Main Topic

Summary

Effective Date

Montgomery County Bill 30-19

Discrimination: Hairstyles

Provides that for purposes of the County's anti-discrimination law, the definition of race includes traits historically associated with race, including hair texture and protective hairstyles

11/05/2019

Michigan

Law

Main Topic

Summary

Effective Date

Grand Rapids Ordinance No. 2019-43

Discrimination

Prohibits employment discrimination on the basis of actual or perceived membership in a protected class such as race, religion, sex, gender, sexual orientation, age, marital status, or medical condition.

12/01/2019

Minnesota

Law

Main Topic

Summary

Effective Date

Minneapolis Ordinance No. 2019-00697

Wage Theft

Prohibits wage theft and enacts requirements for employers to issue pre-hire notifications to employees of their start dates, sick and safe time rights, overtime policies, and applicable gratuity policies. Also prohibits retaliation against employees exercising their rights under these sections and creates new penalties for non-compliance.

1/01/2020

Duluth Final Earned Sick and Safe Time Rules

Paid Leave

Implements Duluth’s Earned Sick and Safe Time Ordinance, which takes effect January 1, 2020, for employers with five or more employees, regardless of whether they work in Duluth.

1/01/2020

Nevada

Law

Main Topic

Summary

Effective Date

AB 132

Hiring: Drug Testing

Prohibits employers from refusing to hire applicants based on a positive screening test for marijuana and allows new employees to ask for a second test to rebut the results of the first test. Employees with safety-sensitive positions are excluded from this protection.

1/01/2020

AB 170

Health Insurance

Aligns state law with federal law to require all insurers to offer health benefits regardless of the health status of a person and to prohibit insurers from denying coverage or requiring some insureds to pay higher premiums based on their health status or their spouses’ health.

1/01/2020

AB 271

WARN: Call Centers

Mandates that businesses with call centers that have received any incentive from the state agency for economic development notify the state and the employees at least 90 days in advance of moving the call center to a foreign country.

1/01/2020

AB 290

Construction Industry Safety and Health

This new law governs courses in construction industry safety and health hazards.  Specifically, this new law requires the Division of Industrial Relations of the Department of Business and Industry to establish a registry to track the completion of these courses and to track the people authorized to train and provide the courses.  The Division must also publish the names of the workers who have completed OSHA-10 or OSHA-30 courses online so that the public can verify completion. This requirement applies also to entertainment industry workers and supervisory employees.

1/01/2020

AB 348

Hospital Workplace Violence Plans

Creates a Nevada OSHA standard requiring health care employers to create comprehensive workplace violence prevention plans and track violent incidents in hospitals and other medical facilities.

7/21/2021

AB 472

Health Insurance Coverage

Amends state health insurance laws to require that maternity and pediatric health care be covered by applicable health insurance policies to include a pregnancy for a gestational carrier.

1/01/2020

AB 533

Marijuana

Expands Nevada’s medical and recreational cannabis laws to provide additional oversight and regulation.

7/01/2020

SB 119

Workplace Safety: Convention Industry Safety Training

Requires workers and supervisors working at exhibition sites, convention centers, or trade show locations to attend safety training including an OSHA-10 or OSHA-30 course within 15 days of being hired.

1/01/2021

SB 166

Discrimination: Penalties

Gives the Nevada Equal Rights Commission: (1) the ability to award back pay up to two years before the filing of the complaint until the day the Commission issues an order on it; (2) the ability to order payment of lost wages or other economic damages for cases arising from sex discrimination; and (3) the ability to order a civil penalty. 

1/01/2020

SB 192

Definition of Health Benefits for Minimum Wage Purposes

Clarifies what type of health benefits an employer must provide in order to pay its employees the lower-tier minimum wage under the Minimum Wage Amendment (MWA) Act.

1/01/2020

SB 263

Smoking

Revises the state ban on smoking in indoor places of employment to include vaping and vapor-releasing smoking devices.

1/01/2020

SB 312

Paid Leave

Requires employers with 50 or more employees to provide employees with up to 40 hours of paid leave per year for any reason.  With limited exceptions, covered employers must provide paid leave to their employees in proportion to the number of hours worked. The law makes no exception for part-time employees.

1/01/2020

SB 381

Workers’ Compensation

Amends workers’ compensation law to clarify that an injured employee has a right to select their treating physician or chiropractor and requires insurers to provide at least 12 doctors from which employees can choose for treatment within 19 specified practice areas.

1/01/2020

SB 481

Health Insurance

Revises health insurance laws to follow federal rules allowing more small employers to participate in health plans, such as multiple employer welfare arrangement (MEWA) plans.

1/01/2021

New Hampshire

Law

Main Topic

Summary

Effective Date

HB 4

Health Insurance

Modifies funding and loss reserves requirements for self-funded insurance arrangements and alters certain definitions under the state’s small employer health risk adjustment program, formerly known as the small employer health reinsurance pool.

Varies

HB 628

Public Access: Universal Changing Stations

Requires the installation of universal changing stations for use by persons with physical disabilities in public places with the capacity to serve 1,500 or more persons per day. The new law applies to public buildings or facilities built on or after January 1, 2021. If the building code review board does not adopt, and the legislature does not ratify, a building code rule to incorporate the new law’s requirements, then the new law will not take effect.*

1/01/2021*

New Jersey

Law

Main Topic

Summary

Effective Date

AB 1094

Salary History

Prohibits employers from requesting applicants’ previous salary or wages and bans employers from requiring that a previous salary meet any minimum or maximum threshold. Exempts voluntarily shared information, confirmation of salary history after an offer, positions where federal law requires such disclosure, and acquisition of salary history that is publicly available.

1/01/2020

New Mexico

Law

Main Topic

Summary

Effective Date

Bernalillo County Ordinance 2019-17

Paid Leave

Allows employees to earn one hour of paid time off for any purpose for every 32 hours worked in Bernalillo County. New local businesses are exempt for their first 12 months of operation. Also obligates employers to keep records of paid time off accrued and used by each employee.

7/01/2020

New York

Law

Main Topic

Summary

Effective Date

SB 659

Comprehensive Contraception Coverage

Amends state insurance law to mandate that health insurance policies provide coverage of FDA-approved contraceptives and related follow-up services without cost sharing.

1/01/2020

SB 660

Discrimination: Reproductive Health

Prohibits discrimination based on an individual's or a dependent's reproductive health decision making.

11/08/2019

SB 1040

Discrimination: Domestic Violence

Amends the New York Human Rights Law to prohibit discrimination against employees who are victims of domestic violence and requires employers to provide reasonable accommodations to known victims of domestic violence.

11/18/2019

SB 1650

Accommodation: Closed Captioning

Adds a public accommodation requirement for closed captioning on televisions in public areas upon request during regular business hours. Does not apply if the provided televisions are not equipped with closed captioning capabilities.

7/01/2020

SB 6549

Salary History

Prohibits employers from asking job applicants for wage or salary history, relying on past wages to determine whether to make an offer, or refusing to interview or hire someone based on prior wages.

1/06/2020

New York City (Int. 136-A-2018)

Human Rights: Contingent Workforce

Clarifies that employers with four or more employees are covered by the city’s human rights law, and includes freelance workers and independent contractors.

1/11/2020

New York City (Int. 0342-A-2018)

Workplace Signs: Accessibility Ramps

Requires building owners to post signs that a portable ramp is available for inaccessible building entrances and to post an indication of the route to the nearest accessible entrance.

1/01/2020

New York City (Int. 0799-2018)

Discrimination: Retaliation

Prohibits retaliation against individuals who request reasonable accommodations under the New York City Human Rights Law, including for disability, pregnancy and childbirth, medical conditions, or as a victim of domestic violence or sex offense.

11/11/2019

New York City (Int. 1445-2019)

Hiring: Drug Testing

Prohibits New York City employers from requiring an applicant to test for marijuana as a condition of employment, but exempts safety and security sensitive jobs and those associated with federal or state contracts or grants.

5/10/2020

Ohio

Law

Main Topic

Summary

Effective Date

Cincinnati Ordinance No. 2019-01418

Discrimination: Protected Classifications

Expands prohibited discrimination to include discrimination based on natural hair types or styles commonly associate with race.

1/01/2020

Cincinnati Ordinance No. 83-2019

Salary History

Bans employers from inquiring into applicants’ past wages or salary to use as a basis for their compensation or to screen applicants based on minimum or maximum salary criteria.

3/12/2020

Toledo Ordinance No. O-173-19

Salary History

Bans employers from inquiring into applicants’ past wages or salary to use as a basis for their compensation or to screen applicants based on minimum or maximum salary criteria.

7/04/2020

Oklahoma

Law

Main Topic

Summary

Effective Date

HB 1095

Worker Classification

Amends the Employment Security Act to codify the IRS 20-factor test to determine whether an employer-employee relationship exists.

1/01/2020

HB 2424

Multiple Employer Welfare Arrangements

Amends the law on multiple employer welfare arrangements (MEWA) to require that MEWAs must be a nonprofit and must apply to the state insurance commissioner with various documentation to obtain a license.

11/01/2019

HB 2601

Smoking

Amends ban on smoking at indoor workplaces to include smoking tobacco or marijuana or vaping marijuana.

11/01/2019

SB 288

Prohibiting Firearms

Allows individuals to carry firearms under concealment without a permit or training, but clarifies that employers are allowed to prohibit firearms at the workplace. If a business prohibits firearms, it must post signs that carrying firearms on the premises is prohibited, but firearms are allowed inside a locked vehicle in parking areas at a workplace.

11/01/2019

SB 715

Workplace Harassment

Permits an employer to file for an injunction to prohibit workplace harassment if there is a credible threat of violence, or a pattern of contact that would cause a reasonable person emotional distress.

11/01/2019

SB 943

Health Insurance

Clarifies Small Employer Act with technical changes to better define a bona fide association health plan and explain associated requirements.

11/01/2019

Oregon

Law

Main Topic

Summary

Effective Date

HB 2341

Accommodations: Pregnancy

Requires employers to provide reasonable accommodations to employees for issues related to pregnancy or childbirth, unless it would cause an undue burden. Employers must also notify employees of these protections. Creates employee remedies, including filing a complaint or bringing a civil action for relief.

1/01/2020

Final Rule on Pregnancy Accommodation (OAR 839-005-0026)

Accommodations: Pregnancy

This final rule amends the Bureau of Labor & Industries pregnancy accommodation regulations. It removes the requirement that to determine the physical ability of pregnant women, they should be treated the same as males, non-pregnant females and other employees with off-the job illnesses or injuries. It also makes the regulation’s language more gender-neutral.

1/01/2020

Final Rule on Rest Procedures for Expressing Breast Milk (OAR 839-020-0051)

Lactation Accommodation

Oregon amended its statute governing the requirements for providing rest breaks to employees for expressing milk. The amendments make the lactation accommodation requirements applicable to employers of all sizes and removes the temporal requirement for rest periods.

1/01/2020

HB 2992

Noncompete Agreements

Amends state law on noncompete agreements to require that employers give employees a signed and written copy of any noncompete within 30 days of termination.

1/01/2020

SB 123

Equal Pay

Amends equal pay law to add exceptions for collective bargaining agreement compensation levels, and for employees performing modified work due to an injury or medical condition. Adds a safe harbor against liability for equal pay violations if the employer conducts an equal pay analysis in good faith. The amendments also make several changes to the equal pay law’s enforcement provisions, adds requirements for a valid equal pay analysis, and amends the damages provisions.

1/01/2020

SB 250

Health Insurance

Prohibits an individual from being excluded from participation in or denied benefits based upon race, color, national origin, sex, sexual orientation, gender identity, age, disability, or preexisting conditions.

1/01/2020

SB 519

Garnishment

Increases the amount of wages exempted from garnishment and execution.

1/01/2020

SB 684

Data Security Breach Notification

Expands the definition of “personal information” under the state’s data security breach notification law, and requires vendors to make certain notifications in the event of a breach.

1/01/2020

SB 796

Organ and Tissue Donation

Includes donation of organs or tissue in the definition of “serious health condition” so that employees can use family or medical leave to donate organs or tissue. Prohibits insurers from discrimination against an insured person based solely on status as a living donor.

1/01/2020

Pennsylvania

Law

Main Topic

Summary

Effective Date

Philadelphia Fair Workweek Employment Standards Ordinance

Wage & Hour: Predictive Scheduling

Requires large retail, hospitality and food service establishments to: (1) give existing employees the right of first refusal to work additional hours before hiring new employees; (2) post and provide advance written notice of work schedules; (3) provide predictability pay for any departures from the posted schedules; and (4) permit a rest period of nine hours between shifts.

1/01/2020

Rhode Island

Law

Main Topic

Summary

Effective Date

HB 6019 & SB 698

Noncompete Agreements

Renders unenforceable any noncompetition agreement against certain workers, including those nonexempt under the Fair Labor Standards Act, undergraduate or graduate students in an internship, employees 18 or younger, or low-wage employees.

1/15/2020

Tennessee

Law

Main Topic

Summary

Effective Date

HB 164

Cell Phones and Driving

Amends law prohibiting mobile telephone use while driving to extend to all drivers, except for adult drivers using a hands-free device while driving.

1/01/2020

HB 539

Worker Classification

Codifies the IRS 20-factor worker classification test to determine whether a worker is an employee or an independent contractor under certain state statutes

1/01/2020

Texas

Law

Main Topic

Summary

Effective Date

HB 4390

Data Security Breach Notification

Amends breach notification law to require notification within 60 days after the determination of a breach and to notify the state attorney general within 60 days if 250 or more residents’ data was affected.

1/01/2020

SB 2296

Workers’ Compensation

Amends Texas workers’ compensation law to add that the “employing unit” definition now includes a common paymaster, as defined in 26 U.S.C. Section 3306(p).

1/01/2020

San Antonio Ord. No. 2019-10-03-0795

Paid Sick Leave

Allows employees to earn 1 hour of sick time for every 30 hours worked in the city.

12/01/2019

Vermont

Law

Main Topic

Summary

Effective Date

HB 524

Health Insurance Coverage

Creates an individual mandate for health insurance that requires coverage for preexisting conditions and dependent coverage up to age 26. Includes exemptions for certain religious beliefs and incarcerated people.

1/01/2020

SB 89

Health Insurance Benefit Exchange

Amends the type of health benefit plans that may be offered as reflective health plans. Under the amendments, both silver-level and bronze-level plays may qualify.

1/01/2020

Virginia

Law

Main Topic

Summary

Effective Date

HB 2664 and SB 1696

Wage Statements

Amends law on pay stubs to require employers to provide, on each regular pay date, written statements (by a paystub or online accounting) that shows the employer’s name and address, number of hours worked in the pay period, pay rate, gross wages earned during the pay period, and any deductions and their purpose.

1/01/2020

Washington

Law

Main Topic

Summary

Effective Date

HB 1071

Data Security Breach: Personal Information

Expands the definition of “personal information” under the state’s data breach security law, and requires notification to the Attorney General following a data security breach.

3/01/2020

HB 1450

Noncompete Agreements

Voids noncompete covenants against employees earning less than $100,000 per year and independent contractors earning less than $250,000 per year from the party seeking enforcement. Requires employers to disclose terms of the noncompete in writing, presumes as unenforceable any restrictive period longer than 18 months, and requires employers to pay the employee’s base salary for the term of noncompete enforcement, among other provisions.

1/01/2020

SB 5258

Sexual Harassment Training

Requires hospitality, security, and property services contractor employers to provide preventive sexual harassment training and panic buttons to each employee, and to adopt a sexual harassment policy. 

1/01/2020 for hotels and motels with 60 or more rooms;

1/01/2021 for all other covered employers

SB 5975

Paid Family Leave

Allows eligible employees to take up to 12 weeks of paid family leave or paid medical leave per year or a combined total of 16 weeks of family and medical leave. In addition, employees may take an additional two weeks of paid leave for a serious health condition related to pregnancy. Employers with 50 or fewer employees are exempt from paying the employer share of the benefits program. To qualify, employees must work for 820 hours or more during the qualifying period.

1/01/2020

Final Rule WAC 296-27

Illness and Injury Reporting

Requires employers to submit certain information to the federal Occupational Safety and Health Administration, inform employees of the reporting procedures, and inform employees how to report illnesses and injuries and that employers are prohibited from discharging or discriminating against an employee for such reporting.

1/01/2020

 

1 See Jim Paretti, Michael J. Lotito, Bruce Sarchet, and Patrick Stokes, Dynamex Retroactivity Question Sent to California State Court, Littler ASAP (Sept. 25, 2019). For additional background on Dynamex, see William Hays Weissman, The Implications of Dynamex Operations West v. Superior Court: California's Adoption of the ABC Test for Purposes of the Wage Orders, Littler Report (June 11, 2018).

2 Philip Gordon, Kwabena Appenteng, and Zoe Argento, Employers Receive Last-Minute Reprieve From The Most Onerous CCPA Compliance Obligations, Littler Insight (Sept. 17, 2019); see also Philip L. Gordon, What Should Employers do About the CCPA?, Littler Insight (Apr. 29, 2019).

3 See also Jennifer Schilling and Kyle Mueller, Sharp Cure Ahead! An Employer’s Roadmap to Recent Legislative Developments in Illinois, Littler Insight (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.

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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.

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