November 2018 Independent Contractor Misclassification and Compliance News Update  

by Locke Lord LLP
Contact

While there were no headline-grabbing cases or developments in the area of independent contractor misclassification and compliance during the past month, the first four court decisions reported below provide the basis for two useful strategies for companies to consider when using an independent contractor business model or supplementing their workforces with 1099ers.

A large percentage of plaintiffs who bring proposed class and collective actions for IC misclassifications are successful in obtaining conditional class certification because of the relatively modest standard applied by many courts across the country at that stage of a lawsuit.  As noted in two cases below – one dealing with a moving company and the other involving an energy services business – the class representative only had to make a “modest factual showing” to obtain conditional certification.  Once conditional certification is granted, plaintiff’s counsel can in most instances proceed with a full array of discovery devices addressing the merits of the dispute and involving dozens of depositions and thousands of documents. The costs of defending the case then elevate dramatically.  Sometimes those costs become so overwhelming that many businesses feel they have little choice but to settle, even when they believe they would succeed on the merits if the case proceeded to trial.

A few companies, however, proceed through a costly discovery process after which they attempt to persuade the court to decertify the class or collective action. At that stage of the proceedings, however, most courts apply a far stricter standard to maintain the case as a class or collective action than the test used at the conditional certification stage. As shown in the energy services company case described below, because the test for independent contractor status is fact intensive and  required the court to make an individualized analysis of the facts pertaining to each class or collective member’s status as either an IC or an employee, the court decertified the collective action. That accomplishment, though, is typically accompanied by a significant expenditure of legal fees and management time and resources.

How can companies avoid or minimize the likelihood of a class or collective action alleging IC misclassification?  This can be accomplished in a two-step strategic approach.  First, include an effective arbitration clause with a class action waiver provision in your independent contractor agreements.  See the discussion of this topic in our recent blog post.  Second, elevate your company’s level of independent contractor compliance as we discuss in our White Paper, so that there is less likelihood that plaintiffs’ class action lawyers would wish to “invest” their time and effort in an IC misclassification legal challenge that is less likely to succeed.

In the Courts (6 cases)

MOVING COMPANY UNABLE TO DEFEAT CONDITIONAL CERTIFICATION OF IC MISCLASSIFICATION IN CLASS ACTION LAWSUIT BY MOVING SERVICE CREW MEMBERS.  A New York federal court has granted conditional certification of an FLSA and New York Labor Law collective and class action brought by a moving service crew member against Flat Rate Movers, Ltd.  In reaching its decision, the court concluded that the named plaintiff representative crew member had made the necessary “modest factual showing” that he and prospective collective action members “were victims of a common policy or plan that [allegedly] violated the law,” i.e. due to their classification as ICs, the company allegedly had did not paid the operators minimum wages and overtime compensation, did not keep records of time worked and had never provided the crew members with any tip credit notice or pay stubs. Additionally, the court found that the plaintiff crew member had demonstrated he and the other crew members were “similarly situated with respect to their job requirements” because they were required to purchase and wear the company’s uniform; often worked 14-hour days or more, six days per week; and were subject to the company’s control over  tips they received and whether they would pack a customer’s belongings in addition to moving them. The court also stated that at this preliminary stage, it was premature to make any merits determination regarding the company’s argument that the crew members were independent contractors, not employees.  Djurdjevich v. Flat Rate Movers, Ltd., No. 17-CV-261 (AJN) (S.D.N.Y. Nov. 13, 2018).

ENERGY CONSULTANTS’ COLLECTIVE ACTION FOR INDEPENDENT CONTRACTOR MISCLASSIFICATION IS “DECERTIFIED” BY OKLAHOMA FEDERAL COURT.  Energy and petrochemical services company, Check-6, Inc., succeeded in obtaining an order from an Oklahoma federal district court decertifying a collective action by consulting “coaches” who provided services at the work sites of Check-6 clients. Check-6, which provides consulting services in the energy, manufacturing, mining, petrochemical, and transportation industries, argued that the coaches are not similarly situated and therefore it would not be appropriate to proceed to trial collectively on the claims of those who had opted into the case.  A group of coaches consisting of the named plaintiff and 18 opt-ins claimed that they were denied overtime compensation under the FLSA due to their alleged misclassification as independent contractors, not employees. Earlier, four of the opt-ins had been excluded by the court because they fell within the FLSA’s foreign workplace exemption, which excludes from FLSA coverage any employee whose services during the workweek are performed in a workplace within a foreign country.

The court had granted conditional certification of the class, but following discovery, the court applied a more rigorous standard to determine whether the opt-ins were “similarly situated” to the lead plaintiff and each other.  In applying that key test, the court considered the factual and employment settings of each plaintiff, the various defenses available to the company, and fairness and procedural considerations. Applying those standards, the court concluded that the coaches were not similarly situated and that, “decertification is warranted by individualized issues, which include, but are not limited to, the application of the foreign workplace exemption . . . and the determination of each plaintiff’s status as an independent contractor or employee.”  With regard to the issue of whether the “coaches” were properly classified as independent contractors, the court utilized the fact-intensive economic realities test and concluded that any such determination would require individualized analysis of each of the opt-in plaintiffs especially because they worked at different Check-6 client sites and had different responsibilities depending on the site. Goodly v. Check-6, Inc., No. 16-CV-334-GKF-JFJ (N. D. Okla. Nov. 1, 2018).

NFL SUCCEEDS IN COMPELLING ARBITRATION OF SECURITY REPRESENTATIVES’ CLASS ACTION ALLEGING IC MISCLASSIFICATION. The National Football League successfully obtained an order granting its motion to compel arbitration of claims by nine former security representatives alleging violations of the Employee Retirement Income Security Act, the FLSA, the Age Discrimination in Employment Act, and various other New York state laws, based on the NFL’s alleged misclassification of the plaintiffs as independent contractors and not employees. The complaint, filed in federal court in New York, alleged that the security representatives each worked for the NFL between 12 and 26 years; were required to participate in training sessions; did not have autonomy in the means and methods of providing their services; were required to follow the NFL’s dress code and use NFL ID cards; were mandated to follow an NFL Operations Manual; and had to be on-call at all times, day or night.

Each of the plaintiffs provided services under Security Representative Agreements which classified them as independent contractors and provided for compulsory arbitration of all disputes between the parties. The court rejected the security representatives’ argument that they were fraudulently induced to sign the agreements based on the NFL’s knowingly false representation that they were independent contractors and not employees. Instead, the court determined that the plaintiffs’ claims were arbitrable because each of the parties had agreed to arbitrate and the scope of the agreements encompassed the claims at issue. Three of the nine plaintiffs also argued they were not bound by the arbitration provisions of the agreements because they did not sign them in their personal capacities but rather as the president or owner of an entity. The court rejected their argument, holding that a party who receives a direct benefit from a contract containing an arbitration clause is estopped from denying its obligation to arbitrate.  Here, the direct benefit the representatives received was the compensation for their services provided for in the agreement. Additionally, in finding the arbitration clause to be enforceable, the court stated that contrary to the plaintiffs’ arguments, the arbitration clause did not prevent them from vindicating their statutory rights and pursuing equitable remedies, including reinstatement. Likewise, the arbitration clause did not prevent the plaintiffs from accessing the legal fee-shifting provisions of statutes like the FLSA and ADEA. Buckley v. National Football League, No. 18 civ. 3309 (LGS) (S.D.N.Y. Nov. 16, 2018).

RIDE-SHARING COMPANY SUCCEEDS IN COMPELLING ARBITRATION OF CLASS ACTION FOR VIOLATION OF FEDERAL BACKGROUND CHECK LAW BY DRIVERS CLASSIFIED AS IC’S.  A California federal court has granted Lyft’s motion to compel arbitration of a prospective driver’s claim in a proposed class action based on the ride-sharing company’s alleged violation of the Fair Credit Reporting Act. According to the court’s determination, Lyft twice denied the driver’s applications to be a driver based on a “consumer report” that a screening company provided to Lyft regarding the driver. The plaintiff asserted that Lyft violated the FCRA by failing to provide him with a copy of the report and a written description of his rights before it took adverse action based on the report. The plaintiff had accepted electronically  “Terms of Service” that included a provision requiring him to arbitrate all disputes and legal claims. The court found that (1) the parties entered into a binding agreement containing the arbitration requirement, (2) the parties in their agreement had delegated questions about the arbitrability of disputes – such as whether [the plaintiff’s] FCRA claim falls within the scope of the arbitration provision – to the arbitrator, and (3) the arbitration provision is enforceable and not unconscionable.  Peterson v. Lyft, Inc., No. 16-cv-07343-LB (N. D. Cal. Nov. 19, 2018).

REAL ESTATE MANAGEMENT COMPANY UNABLE TO DISMISS TITLE VII LAWSUIT BY PROPERTY MANAGER IT TREATED AS AN INDEPENDENT CONTRACTOR. A former property manager classified as an independent contractor by a real estate management company may proceed with her Title VII sex discrimination, hostile work environment, and retaliation lawsuit against Gold Crown Management LLC, according to a recent ruling by a Missouri federal court. The company had made a motion to dismiss the lawsuit, arguing the plaintiff was not covered by Title VII because she was an independent contractor, not an employee.  The company referred the court to her EEOC charge, where she identified herself as a “Leasing Consultant” and stated that she was paid “as a contractor.” The court rejected the company’s argument and found that the plaintiff adequately alleged that the company was her employer in her original and amended complaint, her EEOC charge, and related documents. The court concluded that the plaintiff’s statement that she was “paid as a consultant” was not fatal to her claims because she “attached documents to her Amended Complaint suggesting the location, hours and hourly rate of her employment were set by [the Company].”  The court stated: “While Plaintiff referred to herself as a ‘contractor’ or ‘consultant’ in other places, the nature of Plaintiff’s employment cannot be decided on a motion to dismiss given the fact-intensive nature of the inquiry [into independent contractor/employee status].”  Teegarden v. Gold Crown Mgmt., LLC, No. 4:18-cv-00554-SRB (W. D. Mo. Nov. 5, 2018).

U.S. JUSTICE DEPARTMENT UNABLE TO DISMISS CLAIM IT WAS JOINT EMPLOYER OF DENTAL HYGIENIST WORKING AT FEDERAL PRISON WHO WAS CLASSIFIED AS AN IC BY A GOVERNMENT CONTRACTOR.  A Missouri federal court denied the Department of Justice’s motions to dismiss and for summary judgment in an employment discrimination lawsuit filed by a part-time dental hygienist at the U.S. Medical Center for Federal Prisoners.  The hygienist alleged she was jointly employed by the DOJ and the government contractor that had classified her as an independent contractor. The plaintiff asserted that while working in the prison, she was harassed and retaliated against based on her gender, sexual orientation, age, and religion in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. The DOJ contended that the hygienist was not a federal employee but rather an independent contractor ineligible to recover under the federal anti-discrimination laws.  Although certain factors favored independent contractor status, the court concluded that a number of other factors supported employee status, including evidence that the DOJ controlled the manner and means of her services, provided the tools for her job, and controlled the hygienist’s work schedule.  It also emphasized that she had worked at the same facility for six years and that the DOJ supervised her day-to-day duties, oversaw and reviewed her patient care abilities and performance, and scheduled her patient appointments. Tipton v. Sessions, No. 6:17-03179-CV-RK (W. D. Mo. Nov. 13, 2018).

Administrative and Regulatory Developments

U.S. LABOR DEPARTMENT ISSUES QUARTER MILLION DOLLAR ASSESSMENT AGAINST ELECTRICAL CONTRACTOR FOR IC MISCLASSIFICATION.  An electrical contracting company, Ernest P. Breaux Electrical LLC, has been assessed $249,278 by the U.S. Department of Labor for allegedly misclassifying workers as independent contractors and not employees. Following an investigation by the Labor Department’s Wage and Hour Division in Louisiana, the company was ordered to pay the assessed amount to 117 employees for allegedly violating the FLSA’s overtime and recordkeeping requirements due to their misclassification as independent contractors. In a press release issued on November 28, 2018, WHD District Director Troy Mouton stated: “Employers in the construction industry must pay their employees the wages they have legally earned. We want to help employers in construction, and in all industries, learn what federal labor laws require so that employees are paid what they have legally earned, and employers can avoid violations and compete on a level playing field.”

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.

© Locke Lord LLP | Attorney Advertising

Written by:

Locke Lord LLP
Contact
more
less

Locke Lord 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.