Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

Fisher Phillips
Contact

February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead. Although new ideas can be added later through the “gut and amend” process, we now have a fairly clear sense of the labor and employment issues the California legislature will be confronting in 2019.

Based on the bills introduced by the deadline, legislative proposals can be classified into four main areas: (1) bills dealing with employee/independent contractor status and the aftermath of the California Supreme Court’s decision in the Dynamex case; (2) reintroductions of bills that were previously vetoed by Governor Brown (or were otherwise unsuccessful) but are being given a new shot with California’s new governor, Gavin Newsom; (3) a host of bills dealing with the popular topic of paid family leave and/or paid sick leave; and (4) everything else, including significant new areas of proposed regulation.

Dynamex-Related Legislative Proposals

As we discussed previously here, it was clear from the very first day of the 2019 legislative session that Dynamex would be the most significant employment issue to be tackled this year. In case you’ve been living under a rock for the last several months or so, the most significant and pressing concern facing California employers is continued fallout from the California Supreme Court’s blockbuster Dynamex decision. There, the court adopted an entirely new test for determining whether an individual is an employee or an independent contractor. As we discussed here, this new legal standard, known as the “ABC Test,” makes it more difficult for businesses to utilize independent contractors and threatens to upend entire industries in California—and has potential far-reaching implications for the gig economy in particular.

The legislative negotiations around Dynamex will be significant in 2019, and there are indications that Governor Newsom is directly engaged in attempting to push interested stakeholders to reach a compromise on this contentious issue. Because the stakes are so high, Dynamex-related issues will dominate the legislature’s labor and employment bandwidth this year, leaving little room for much else.

Bills introduced in 2019 dealing with Dynamex include the following:

AB 5 (Gonzalez) – This bill is sponsored by the California Labor Federation. Although the proposal is only a placeholder (or “spot”) bill for now, it intends to codify Dynamex and “clarify the decision’s application in state law.” This legislative proposal is the likely vehicle for any comprehensive compromise between labor and the business community on this issue.

AB 71 (Melendez) – This bill represents a Republican counter-response to Dynamex and essentially proposes to revert to the previous multi-factor Borello test for determining employee or independent contractor status. AB 71 likely faces an uphill battle in Sacramento, but will be another opportunity for interested stakeholders to engage on this issue.

AB 233 (Cooley) – This bill is an industry-specific proposal and attempts to clarify that insurance agents and brokers shall not be considered “employees” where certain specific conditions are met.

SB 238 (Grove) – This is another Republican measure on Dynamex, but is only a placeholder bill for now.

Renewed Effort to Target Mandatory Arbitration in Employment

One of the more hot-button issues in recent years has been the use of mandatory arbitration agreements in employment. Plaintiffs’ attorneys and their allies in labor have made several attempts at legislation to prohibit mandatory arbitration agreements from being required as a condition of employment. Governor Brown vetoed two previous attempts, most recently with his veto last year of AB 3080 (Gonzalez). In his veto message, Brown expressed concerns that such an effort would clearly be preempted by the Federal Arbitration Act.

Nevertheless, advocates are back with another proposal to prohibit such agreements and feel they have a better shot with Governor Newsom. Assemblywoman Gonzalez has introduced Assembly Bill 51, which is virtually identical to her previous vetoed measure, AB 3080.

Reintroduction of Bills Related to the #MeToo Movement

The 2018 legislative year was dominated to proposals related to sexual harassment in response to the #MeToo movement and the flurry of attention paid to sexual harassment across virtually all industries. While a number of significant proposals were signed into law in 2018, a number of bills were vetoed or were otherwise unsuccessful. Proponents of those measures have brought many of them back for another go-around under our new governor. These include:

AB 9 (Reyes) – This bill would extend the statute of limitations for filing administrative claims for employment discrimination (including, but not limited to, sexual harassment) from one years to three years. It is a reintroduction of AB 1870 (Reyes) from last year, which was vetoed by Governor Brown.

AB 170 (Gonzalez) – This bill would make employers jointly liable with “labor contractors” for harassment (not just sexual harassment). Similar language was contained in last year’s AB 3081 (Gonzalez), also vetoed by Governor Brown.

AB 171 (Gonzalez) – This bill would prohibit employers from taking adverse action against an employee because of their status as a victim of sexual harassment, and would establish a rebuttable presumption that adverse action taken against an employee within 90 days is unlawful. Similar language was contained in last year’s vetoed AB 3081.

AB 547 (Gonzalez) – This bill deals with mandated sexual harassment prevention training for janitorial contractors, and would require them to use training providers from an approved list, including peer trainers and other union-affiliated entities. This bill is similar to AB 2732 (Gonzalez) from last year, which was vetoed by Governor Brown.

AB 628 (Bonta) – This bill extends certain leave and other protections to victims of sexual harassment or family members of victims of sexual harassment. Similar language was contained in last year’s AB 2366 (Bonta), which did not make it through the legislative process.

Paid Sick Days/Paid Family Leave

There has been significant discussion at both the state and federal level regarding issues related to paid family leave. Federally, politicians from both sides of the aisle have expressed support for some type of paid family leave program, but have not reached consensus on how such a program would be financed. Similarly, here in California, Governor Newsom has voiced support for providing six months of paid family leave, but, again, the discussion thus far is short on details. But this discussion has led to a flurry of placeholder bills, including the following:

AB 196 (Gonzalez) – This bill declares the intent of the legislature to expand California paid family leave program to provide a 100 percent wage replacement for workers earning $100,000 or less annually.

AB 406 (Limόn) – This proposal states legislative intent to ensure that paid family leave forms are language-accessible to all families in the state.

AB 555 (Gonzalez) – This bill is a placeholder related to California paid sick days requirement. Last year, the same author carried legislation (AB 2841) to expand the paid sick days requirement from three days (or 24 hours) to five days (or 40 hours). That bill did not make it through the legislative process, but it is anticipated that similar language will be inserted into AB 555.

SB 135 (Jackson) – This bill is similarly a placeholder vehicle that declares the intent of the legislature to strengthen California’s family leave laws, including by ensuring that all workers have job protection when they take paid family leave and increasing the wage replacement amount.

Other Repeat Legislation

State legislators have also introduced a number of other bills that were previously attempted but were either vetoed or did not make it through the legislative process. These bills include:

SB 142 (Wiener) – Lactation – This bill, based in large part on a local ordinance enacted in San Francisco, significantly expands employer responsibilities related to providing lactation rooms to employees who need to express breast milk. It is largely identical to SB 142 (Wiener) from last year, which was vetoed by Governor Brown.

SB 171 (Jackson) – Pay Data Reporting – This measure requires employers with 100 or more employees to submit an annual pay data report that includes specified information related to race, ethnicity, and sex. These changes largely reflect proposed changes to the federal EEO-1 reporting form proposed by the Obama administration but canceled under President Trump. This bill is similar to SB 1284 (Jackson) from last year, which was held in the Assembly Appropriations Committee.

AB 403 (Kalra) - Retaliation – This bill extends the statute of limitation for retaliation claims from six months to three years, and authorizes a plaintiff to recover attorneys’ fees for administrative claims related to retaliation. This bill is identical to AB 2946 (Kalra) from last year, which failed passage on the Assembly floor. Employers expressed concern the one-sided attorneys’ fees provision in administrative claims would incentivize further litigation.

AB 418 (Kalra) - Union Evidentiary Privilege – This bill would establish an evidentiary privilege for communications between a worker and a union agent or shop steward. This bill is identical to AB 3121 (Kalra) from last year, which did not make it through the legislative process.

AB 589 (Gonzalez) - Document “Servitude” – This bill would make it unlawful for an employer to possess or destroy immigration documents for the purpose of committing trafficking, peonage, slavery, involuntary servitude, or a coercive labor practice. Similar language was contained in AB 2732 (Gonzalez) from last year, which was vetoed by Governor Brown.

AB 673 (Carillo) - Wage Payment Penalties - This bill authorizes employees to file representative civil claims for civil penalties under Labor Code Section 210 for failure to pay wages or late payment of wages. Similar language was contained in AB 2613 (Reyes) from last year, but that bill did not pass the Assembly floor.

AB 749 (Stone) - “No Rehire” Agreements – This bill prohibits settlement agreements that contain a provision that prevents a party from working for that employer, related entity, or contractor of the employer. Similar language was contained in last year’s AB 2109 (Stone), but that language was amended out of the bill.

New Labor and Employment Proposals for 2019

In addition to legislative proposals that are getting another shot under Governor Newsom, there are a number of new employment bills on the horizon for 2019. These include:

SB 188 (Mitchell) – Discrimination: Hair Styles – This bill would amend the definition of “race” under the Fair Employment and Housing Act to include “traits historically associated with race, including but not limited to, hair texture and protective hairstyles” (such braid, locks and twists). This is a hot issue nationally. Recently, the New York City Commission on Human Rights issued legal enforcement guidance on race discrimination on the basis of hair styles most closely associated with particular races.

AB 457 (Quirk) – Lead: Permissible Exposure Levels – This bill would require Cal/OSHA to complete rulemaking to establish a revised permissible exposure limit (PEL) for lead by February 1, 2020.

AB 1124 (Maienschein) – Wildfire Smoke – This bill would require the Cal/OSHA Standards Board, by June 13, 2019, to adopt emergency regulations that require employers to make respirators available to outdoor workers on any day the worker could reasonably be expected to be exposed to harmful levels of smoke from wildfires.

AB 1224 (Gray) – California Family Rights Act (CFRA) – This bill would eliminate the requirement that an employee, in order to be eligible for unpaid family and medical leave under CFRA, must work at least 1,250 hours for the employer within the last 12 months.

AB 1526 (Carillo) – Restaurants: Incentives – This bill would state the intent of the legislature to enact legislation that would foster workplace equity in restaurants in this state by providing economic incentives to equitable employers in the restaurant industry that complete specified training programs and enter into a contract with the state to commit to improving workplace equity and mobility by implementing standard and transparent hiring, training, promotion, and evaluation practices for their employees.

Employment Discrimination and Cannabis (and Beyond)

As more states legalize cannabis (both recreationally and for medical use), states are also grappling with how, if at all, employers should be required to accommodate cannabis use by their workers—especially while such use is still unlawful under federal law. This is a complicated issue that is likely to be at the forefront of legal and legislative debate for the near future.

Last year, California saw proposed legislation (AB 2069) that would have provided that the medical use of cannabis is subject to reasonable accommodation by employers. However, that measure was held in the Assembly Appropriations Committee.

This year, a new and broader measure has been introduced. Assembly Bill 882 (McCarty) would prohibit a private employer from terminating an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that “is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.”

AB 882 is not limited to medical cannabis and could potentially extend to other drugs (such as opioids) that are prescribed under the care of a physician. This clearly raises a host of potential issues for California employers, and this measure will be one to watch closely in 2019.

Consumer Privacy and Data Breaches

One of the most significant issues facing the California legislature in 2019 will be consumer privacy. Last year, the legislature enacted the California Consumer Privacy Act (CCPA), landmark legislation to provide consumers with significant rights regarding the collection and sale of personal information. The CCPA does not go into effect until 2020; as a result, there is a flurry of legislative activity designed to clarify the law before the effective date. Nearly two dozen measures have been introduced related to CCPA and similar consumer privacy issues.

From an employer perspective, a critical concern is the question of whether the CCPA and its rights and responsibilities applies to employees and employment information. The California Chamber of Commerce and other groups will be sponsoring legislation in 2019 to clarify that “consumer” under the CCPA does not include employees in their role as employees. This clarification will be critical for California employers.

The business community will also being playing defense on consumer privacy, as stakeholders on the other side seek to expand and extend the reach of the CCPA. For example, Senate Bill 561 (Jackson) would establish a private right of action for alleged violations of the CCPA, and would likely lead to a flood of new litigation against California businesses. In addition, Assembly Bill 1035 (Mayes) would require a business to disclose a data breach within 72 hours. This standard would be extremely difficult, if not impossible, for businesses to comply with.

Conclusion

This year looks to be another significant legislative year for California employers. Issues related to employee and independent contractor classification and the Dynamex decision will dominate much of the debate in 2019. Moreover, a whole host of proposals that did not see the light of day under Governor Brown will be brought back for another try under Governor Newsom.

In addition to the proposals discussed above, there were dozens of “spot bills” introduced that are placeholders for now, but could be amended into substantive proposals down the road. We’ll keep you updated on any new developments as the legislative year gets under way.

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.

© Fisher Phillips | Attorney Advertising

Written by:

Fisher Phillips
Contact
more
less

Fisher Phillips 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.