Labor Issues Concerning COVID-19 and Government “Stay at Home” Orders

Sheppard Mullin Richter & Hampton LLP
Contact

Sheppard Mullin Richter & Hampton LLP

The National Labor Relations Act (“NLRA”) is a federal law that applies to nearly all employers in the United States. In the wake of COVID-19, there are numerous issues implicating the NLRA, including but not limited to employees engaging in protected concerted activities including work stoppages, the potential duty to bargain with unions concerning COVID-19 programs/policies, layoffs and plant closures in response to government directives and orders, union information requests, and union inspections. The COVID-19 outbreak presents a virtually unprecedented situation for employers. The appropriate responses to these issues depend on a variety of different factors, including the timing, specific employer, the particular industry involved, the employer’s collective bargaining agreement (“CBA”), and the status of guidance and orders from federal, state and local governments and agencies concerning COVID-19 (with guidance and recommendations not necessarily having the same weight as orders and laws). Whereas a particular response may be appropriate for healthcare employers, airlines, employers in the supply chain, or employers impacted by “stay at home” orders (like in California), that same response may not be appropriate for other industries and employers.

The Duty to Bargain – Unionized Workforces

The NLRA imposes on employers the duty to bargain in good faith with unions over mandatory subjects of bargaining such as wages, hours, and other terms and conditions of employment (mandatory bargaining subjects). For example, if employers implement COVID-19 programs/policies concerning work assignments, procedures for travel and quarantining as a result of exposure or potential exposure, and procedures for how to pay employees who are furloughed or otherwise quarantined they may implicate mandatory bargaining subjects. Certain plant closures and relocations of bargaining unit work in response to government directives and orders may also implicate mandatory bargaining subjects. Generally speaking, employers who make material changes to mandatory bargaining subjects without bargaining with a union run the risk of unfair labor practice charges that potentially could apply in emergency situations such as the COVID-19 pandemic. In an unprecedented emergency like the COVID-19, union bargaining obligations may be relaxed either based on the terms of the collective bargaining agreement, or under the NLRA. As employers are forced to make difficult decisions in the face of COVID-19, here are some issues unionized businesses should consider when contemplating major workplace changes.

Collective Bargaining Agreement Language

Many collective bargaining agreements contain provisions that allow for employer flexibility in determining management rights, layoffs, subcontracting, closures, relocations, work assignments, scheduling, leaves of absences, paid time off, sick leave, and health and safety, among others. These types of collective bargaining provisions may give employers the right to proceed unilaterally without bargaining with the union under MV Transportation, 368 NLRB No. 66 (2019) and related cases. For certain kinds of major workplace changes like plant closures and relocations, employers should also consider whether the collective bargaining agreement addresses both the duty to bargain over the “decision,” as well as the “effects” of the decision (or “implementation” of that decision), which could include items like severance, order of layoffs, unemployment eligibility, accrued benefits, reemployment, recall, etc.

In addition, a force majeure clause in a collective bargaining agreement may potentially permit unilateral action. A force majeure clause is a provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impactable, illegal, or impossible. Whether COVID-19 triggers the force majeure clause in a contract, and the effect of that clause on the provisions of the contract, will vary significantly with each employer, the level of community spread or prevalence of the virus outbreak in an employer’s region, the employer’s industry, and on current governmental directives, declarations, and orders. If an employer intends to utilize a force majeure provision to make a unilateral change or otherwise deviate from the terms of a collective bargaining agreement, employers should consider providing notice to the union first, if practicable, or as reasonably soon after the change has been made as practicable. Even when bargaining is not required, employers should consider meeting with the union to discuss a solution to problems caused by COVID-19 may avoid a conflict over the changes, even if the employer is within its right to make them unilaterally.

Government Orders and Impact on Collective Bargaining Agreements

In light of the increasing level of government intervention related to COVID-19, it is also possible that certain government directives may override collective bargaining agreements. By way of example, Congress passed HR 6201, requiring additional paid sick and family leave for certain employees with fewer than 500 employees. State and local governments have also issued orders that may require the temporary closing or cessation of work at some operations. For example, on March 19, 2020, the Governor of California issued a Statewide Executive Order directing individuals living in the State of California to stay at home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors. These kinds of orders potentially may leave employers and unions with no choice but to make alterations to the workplace not contemplated in any CBA. However, even if these orders do leave employers with no choice but to make unilateral changes, employers should consider whether they have an obligation to bargain over the “effects” of the order and discretionary aspects of implementation.

Extraordinary Events That Cause Economic Exigencies

If a collective bargaining agreement does not authorize the employer to act unilaterally and the employer determines that it has a duty to bargain, timing may be an issue. The general duty to bargain over mandatory bargaining subjects may be suspended where “compelling economic exigencies” compel prompt action. Bottom Line Enterprises, 302 NLRB 373 (1991), enf., 15 F.3d 1087 (9th Cir. 1994) The NLRB has applied this exception exceedingly narrowly in the past. The NLRB views “compelling economic exigencies” as “extraordinary events which are an unforeseen occurrence, having a major economic effect [requiring] the employer to take immediate action.” To find shelter with this exception, however, the employer may need to demonstrate not only that the proposed change was “compelled” but also that “the exigency was caused by external events, was beyond the employer’s control, or was not reasonably foreseeable.”

Although an outbreak like COVID-19 and certain government orders issued in response to COVID-19 would seem to fit the description of “compelling economic exigencies,” relieving the employer of bargaining with a union, this will be different for every employer and will depend on the timing and specific nature of the exigency. Accordingly, it is conceivable that while COVID-19 might suspend the duty to bargain for an employer who is ordered by federal, state or local governments to close immediately, or for an employer with a facility that has an actual COVID-19 infection, it might not suspend the duty for an employer that has merely lost business or suffered a financial decline as a result of the outbreak. Likewise, it might not suspend the duty to bargain over the “effects” of those orders and discretionary aspects of implementation. The analysis is fact-based and cannot be applied uniformly to all businesses. Employers should be prepared to justify the economic exigency, demonstrate why immediate action is required, and demonstrate that any changes are implemented only for immediately required responses, and not to be continued later on, once the exigency has diminished.

In addition, there are other economic exigencies, though not sufficiently compelling to excuse bargaining altogether, that fall under the exigency exception to Bottom Line Enterprises. An employer confronted with an economic exigency compelling prompt action short of the type which would entirely relieve the employer of its obligations to bargain will satisfy its statutory obligation by providing the union with adequate notice and opportunity to bargain over the particular matter (at least, over the effects). RBE Electronics of S.D., 320 NLRB 80 (1995). Bargaining in good faith in such time-sensitive circumstances need not be protracted, and the employer could proceed to implementation of the particular matter after reaching impasse on the matter or after a waiver of bargaining by the union. Thus, in general, employers should consider providing the union notice of intended changes and seek to discuss them, even if those discussions must happen quickly and the employer must take immediate and decisive action. If that is the situation, employers should consider being clear with the union about the required timing of the change, the reason for it, and the timeline that the Union must respond before the employer implements. If an employer must act immediately without notifying and/or discussing with the union, it should be prepared to communicate with the union after such changes as soon as practicable under the circumstances.

Obviously, the COVID-19 outbreak is an unprecedented event in history and employers should be analyzing whether its impact on their particular operation triggers this exception. In most cases, continued communication with union representatives, and good faith efforts to reach cooperative solutions, will allow employers to present more defenses in the event there is litigation. In light of the highly fact-intensive nature of the above referenced bargaining obligations, to the extent possible, employers should consult with labor counsel prior to taking action.

Union Information Requests Concerning COVID-19 – Unionized Workforces

The NLRA imposes on unionized employers the duty to provide information to a union if it is “relevant” to the union’s duty to represent its members. Unions have burdened employers with extensive information requests regarding employer’s responses to COVID-19, including requests relating to health and safety concerns, absences resulting from COVID-19, contemplated and implemented COVID-19 programs/policies, and contemplated and implemented layoffs and plant closures based on government orders. While some of this information may be relevant, employers should keep in mind the following principles when responding to union information requests:

  • The definition of “relevant” under the NLRA is very broad. In general, a union is entitled to information needed for contract negotiations, to evaluate grievances, and the catch-all, “for contract administration.” Typically, all information related to bargaining unit employees and their terms and conditions of employment is presumptively relevant.
  • Objections to information requests should be raised in a timely fashion.
  • An employer should not only timely raise objections, but should substantiate its defense.
  • Typically, the duty to provide information applies to information that already exists. Thus, employers are typically not required to speculate or create information they do not have.
  • The collective bargaining agreement may limit the employer’s obligations to produce information.
  • If the request involves specific questions, and a document or policy such as a COVID-19 program/policy provides the answers, then providing the document or policy to the union may potentially satisfy the employer’s duty to respond.
  • Employee medical information is confidential.
  • In general, employers should consider offering an accommodation to a union if an objection is raised. Rarely will raising a timely objection and explaining the basis for that objection be sufficient in the NLRB’s eyes for meeting an employer’s obligations under the NLRA. For example, if the objection is “confidentiality,” employers may consider offering to produce the information after sensitive data is redacted, or after the union agrees to a confidentiality agreement limiting the use and dissemination of the information. If the objection is “unduly burdensome,” employers may consider offering to provide snapshots or a sampling of requested information, or consider offering to hire temporary personnel to gather the information if the union assumes or shares in the cost. Even information that is objected to on the basis of irrelevancy may potentially warrant an offer of accommodation. If information requested contains both irrelevant and relevant information, offer to produce the information with irrelevant information redacted.
  • Keep in mind that for information that remains in development, such as a COVID-19 program/policy, there may be a continuing duty to provide the program/policy to the union when it becomes available.

Union Inspections Concerning COVID-19 – Unionized Workforces

Unions may have a right to enter a workforce to inspect it to review health and safety issues. Typically, the collective bargaining agreement will address these issues and govern the procedures for requesting access. In general, an employer is entitled to know the reason for the request and the qualifications of the individuals conducting the inspection. There may also be a need to further restrict access by unions depending on the employer, industry, and the status of directives from federal, state and local governments/agencies concerning COVID-19.

Protected Concerted Activities in Union and Non-Union Environments

Section 7 of the NLRA protects employees who engage in union activities. Section 7 also protects the right to engage in “concerted activities for the purpose of…mutual aid or protection,” otherwise known as “protected concerted activity” or “PCA.” PCA applies both to union and union-free settings. It applies to statements made in the workplace, as well as statements made outside of the workplace, such as on Twitter, Facebook or Instagram.

While the “concerted” prong of PCA normally requires two or more employees to act together in some joint or cooperative fashion, the NLRB has found that a single employee’s conduct can be “concerted” if it is engaged in “with or on the authority of other employees, and not solely by and on behalf of the employee himself.” Meyers Industries (Meyers I), 268 NLRB 493, 496 (1984). Circumstances under which a single employee’s actions could be “concerted” include cases where individual employees “seek to initiate or to prepare for group action” or bring “truly group complaints to the attention of management.” Meyers Industries (Meyers II), 281 NLRB 882, 887 (1986). Likewise, concerns expressed by an individual employee “which are the logical outgrowth of concerns expressed by a group” may also be concerted. However, individual griping in the presence of other employees or a supervisor, may not necessarily qualify as PCA. Alstate Maintenance, 367 NLRB No. 68 (2019).

Some common examples of PCA may potentially include:

  • Employees discussing terms and conditions of employment with co-workers and outsiders, including the media, in an attempt to improve terms and conditions of work (e.g., an employer’s implementation of COVID-19 protocols or lack thereof).
  • A single employee speaking out on behalf of other co-workers to improve their terms and conditions of employment (e.g., to change Employer’s COVID-19 protocols). On the other hand, an employee’s single post on social media complaining about the workplace may or may not constitute PCA. These are highly fact dependent and often come down to whether the employee was initiating or inducing or preparing for group action in relation to his position in the workplace.
  • Soliciting others to join in group action to improve their terms and conditions of employment (e.g., filing a complaint with the Occupational Safety and Health Administration (“OSHA”)).
  • Employees distributing materials relating to terms and conditions of employment during certain times and areas of the workplace (e.g., CDC and WHO guidance concerning COVID-19).
  • Employees investigating and asking questions about terms and conditions of employment in order to improve their working conditions.
  • Concerted complaints – to co-workers and even to outsiders – about the company, its managers/supervision and working conditions including on social media (e.g. employer’s handling of a suspected outbreak). Even negative and arguably disparaging statements made against an employer may sometimes constitute PCA. There may be arguments that disparaging and derogatory statements towards co-workers or the company are not necessarily protected but whether or not they constitute PCA is highly fact dependent.
  • Speaking out in favor of co-workers who have been treated adversely or unlawfully (e.g., potentially an employer discriminating against people of Asian descent who do not live in or have not recently been in an area of ongoing spread of the virus that causes COVID-19, or have not been in contact with a person who is a confirmed or suspected case of COVID-19).
  • A refusal by two or more employees to accept a work assignment or work under unsafe working conditions (e.g., based on a safety-related fear concerning exposure to COVID-19 in the workplace). Generally, the refusal must be reasonable and based on a good faith belief that working conditions are unsafe. Nevertheless, a refusal may potentially remain protected if the employees are honestly mistaken about the risk.
  • A single employee refusing to accept a work assignment or work under unsafe working conditions. There may be arguments that this conduct does not involve PCA. Nevertheless, employers should review carefully because it could be deemed concerted if it is determined to be bringing forward a group complaint. Whenever an employee refuses an assignment as a result of a stated safety concern, a careful analysis of whether such refusal is protected maybe in order.
  • Safety-related protests and strikes. There may be arguments that this conduct is unlawful for employees covered by a collective bargaining agreement’s no-strike clause.

If an employer concludes that an employee’s conduct does not involve PCA, employers should also consider the PR associated with an employer’s response to conduct which might otherwise be unprotected. Sometimes an employer’s reaction or potential overreaction may exacerbate the situation and/or create labor relations issues.

Written by:

Sheppard Mullin Richter & Hampton LLP
Contact
more
less

Sheppard Mullin Richter & Hampton LLP 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.