Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

by Littler
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As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of new or amended federal, state, and/or local laws. This article summarizes impending obligations that may flow from these law changes in the chart below and also highlights some anticipated activity.

Ongoing Federal Activity

At this time last year, employers faced uncertainty about how the Trump administration and Congress might alter federal labor, employment and benefits obligations. Although change to federal workplace policy has not come as quickly as many expected, the pace of change is likely to accelerate as nominations and appointments to critical positions are filled. Indeed, action on the nominations to the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and Department of Labor (DOL) signals that expected changes in workplace policy will be forthcoming in the year ahead.1

With that in mind, employers should pay particular attention in 2018 to several potential developments at the federal level, including possible additional changes in immigration law and enforcement.2 Health care policy, including the viability of the Affordable Care Act (ACA), also remains in flux. After Republicans failed to “repeal and replace” the ACA through the legislative process, the White House issued an executive order to try to reform the nation’s healthcare system through regulatory channels.3 Meanwhile, efforts to revamp the tax code are well underway in Congress, some aspects of which would have a significant impact on benefits and executive compensation, but are far from settled.

Employers saw some changes in 2017 on several key labor and employment issues, and 2018 is likely to bring further federal legislative and/or administrative developments in these areas. For example, in 2018 the DOL is expected to revisit the now-scuttled update to FLSA overtime regulations. The agency's Wage and Hour Division will likely engage in further rulemaking to decide what the new salary level should be for overtime purposes. In June, Labor Secretary Alexander Acosta announced the withdrawal of two controversial Wage and Hour Administrator's Interpretations on independent contractors and joint employment.

Relatedly, in Congress, House Republicans passed a bill in 2017, entitled the Save Local Business Act (H.R. 3441), that would amend two labor and employment statutes to clarify when an entity can be deemed a “joint employer.”4 The bill moves now to the Senate, where its fate is less certain. In the face of an increasingly complex maze of state and local paid leave laws, lawmakers in Congress are proposing a novel approach to paid leave and workplace flexibility. In an effort to promote workplace flexibility and streamline employer paid leave obligations nationwide, Representative Mimi Walters (R-CA) House introduced the Workflex in the 21st Century Act (HR 4219). This bill would create a voluntary program whereby employers that choose to offer their employees a minimum number of compensable leave days per year and institute a flexible work arrangement would be exempt from the current patchwork of local and state paid leave laws.5 This legislation could clarify and simplify compliance burdens on employers across the nation.

Ongoing State and Local Activity

Of course, they say that “all politics is local,” and 2017 did not disprove that theory. Given the lingering gridlock in Congress, the most significant labor and employment developments taking effect in 2018 arose at the state and municipal levels. As the chart below demonstrates, municipalities have paved the way for new regulation on a variety of topics, including protected or paid time off, pregnancy accommodations, background checks, and equal pay.

Many new state and local laws enacted in 2017 have already taken effect. The chart below focuses only on those laws that are set to take effect in the new year and beyond. Readers interested in keeping abreast of legislative activity at the state and local levels should follow State of the States, our monthly report featuring notable bills and trends percolating in the statehouses and city halls nationwide.6

Laws Taking Effect in 2018

As the year winds down, employers should prepare for changes scheduled to take effect in 2018. The chart below briefly recaps laws and regulations that will become operative sometime in 2018. (We’ve included a few late bloomers from 2017 as well, and a sneak peek at 2019.) Although local and industry-specific laws may be listed, these samples are included primarily to highlight compliance challenges employers face. In addition, not all state and local minimum wage laws are included in this article. A complete discussion of minimum wage rate changes for 2018 can be found in a separate Littler Insight, The Minimum Wage in 2018: A Rates-Only Update. Because the below list does not cover every possibly applicable federal, state, and local law, employers may find it helpful to discuss with knowledgeable counsel which local, state, and/or federal laws will apply in 2018.

Federal
Rule/E.O. Main Topic Summary Effective
Date
S.E.C Pay Ratio Guidance Executive Compensation Provides interpretive guidance from the Securities and Exchange Commission concerning the pay ratio disclosure requirement under Dodd-Frank and associated regulations. Disclosures becoming due in 2018
DOL Proposed Delay of Rules for Plans with Disability Benefits Disability Benefits Claims Procedure Proposed 90-day implementation delay of final rules governing claims regulations for ERISA-covered disability benefit plans. If the delay is adopted, the final rules would apply to disability claims filed on or after 4/1/2018. DOL may also rescind or modify the rules during this review period. 4/1/2018
California7
Law Main Topic Summary Effective
Date
AB 46 Equal Pay Amends the definition of “employer” under the equal pay law to include public and private employers. 1/1/2018
AB 1688 Salary History Applies to all employers and prohibits inquiries into, and reliance on, an applicant’s salary history. 1/1/2018
AB 260 &
SB 225
Human Trafficking AB 260 requires additional businesses to post notice concerning human trafficking and available hotlines, including hotels, motels, and bed and breakfast inns. SB 225 requires notice to include a text number to access support and services. 1/1/2018
AB 4509 Immigration Unless otherwise required by federal law, prohibits employers from consenting to ICE access to worksite and records. 1/1/2018
AB 100810 Criminal Background Checks Extends statewide ban-the-box law to employers with 5+ employees. Permits criminal history inquiry only after conditional offer of employment. Requires individualized assessment and written notice if applicant is disqualified. 1/1/2018
AB 1222 Cellphones & Driving Removes a specialized mobile radio and two-way messaging device from prohibition. 1/1/2018
AB 1701 Construction Contractors Certain contractors must assume and are liable for unpaid wages, benefits, or contributions owed by subcontractors. 1/1/2018
AB 1710 Antidiscrimination: Military Personnel Prohibits discrimination against service members in any terms, conditions, or privileges of employment. 1/1/2018
SB 6311 Parental Leave Expands parental leave law, such that employers with 20+ employees must grant employees with 12 weeks of unpaid, job-protected parental bonding leave. 1/1/2018
SB 258 Workplace Safety: Cleaning Product Data Provides that employers required to maintain safety data sheets must also make information available about certain consumer cleaning products. 1/1/2018
SB 306 DLSE Enforcement Actions Authorizes DLSE to initiate additional investigations of employers suspected of discrimination or retaliation, even without an employee complaint. 1/1/2018
SB 396 Antidiscrimination: Gender Identity, Gender Expression, Sexual Orientation Requires employers with 5+ employees to post notice regarding transgender rights. Also requires employers with 50+ employees to provide training addressing harassment based on gender identity, gender expression, and sexual orientation. 1/1/2018
Emeryville:
No. 17-013
Predictive Scheduling Amends the Fair Workweek ordinance to clarify certain exceptions. 11/16/2017
Emeryville: Resolution
No. 17-160
Predictive Scheduling Adopts regulations implementing and enforcing the Fair Workweek ordinance. 11/16/2017
San Francisco:
No. 17035012
Salary History Prohibits prospective employers from asking about an applicant’s pay history. Makes it illegal for employers to disclose that information about a current or former employee, without written permission. 7/1/2018
Colorado
Law Main Topic Summary Effective
Date
HB 1186 Benefits: Contraceptive Coverage Beginning in 2019, requires health benefit plans to cover a multi-month supply of prescription contraceptives. 1/1/2019
Connecticut
Law Main Topic Summary Effective
Date
HB 7037 Workers’ Compensation: Child Support Withholding Requires employers to transmit a copy of any withholding order to its workers’ compensation benefits carrier when first reporting employee claim. 1/1/2018
Delaware
Law Main Topic Summary Effective
Date
HS 113 Salary History Prohibits employers from screening applicants based on pay history and from seeking an applicant’s compensation history from current or former employers. 12/14/2017
HB 180 Security Breach Notification Amends existing notification law to expand the definition of protected personal information and adds duties, including offering identity theft protection. 4/4/2018
Hawaii
Law Main Topic Summary Effective
Date
SB 1007 Tax Withholding Changes when and how often employers must remit tax withholdings. 1/1/2018
Illinois
Law Main Topic Summary Effective
Date
SB 318 Antidiscrimination: Genetic Information Prohibits employers from penalizing employees who refuse to disclose genetic information. 1/1/2018
SB 1895 Protected Time Off: Volunteer Emergency Responders Prohibits employers from disciplining an employee who responds to an emergency call or text during work hours when his or her volunteer emergency services are needed. 1/1/2018
Maine
Law Main Topic Summary Effective
Date
LD 88 Marijuana Legalization Delays implementation of the Marijuana Legalization Act until 2/1/2018. 2/1/2018
LD 1477 Antiharassment Training Mandates that employers use a compliance checklist from the state agency to develop a sexual harassment training program. 11/1/2017
Maryland
Law Main Topic Summary Effective
Date
HB 974 Security Breach Notification Amends existing notification law to expand the definition of protected personal information and adds notice duties, including where email access is disclosed. 1/1/2018
Massachusetts
Law Main Topic Summary Effective
Date
SB 211914 Equal Pay Prohibits employers from paying a lower rate than paid to employees of a different gender for comparable work. Bans salary history inquiries and prohibits employers from restricting employees from sharing wage information. 7/1/2018
SB 368015 Pregnancy Accommodations Obligates employers to reasonably accommodate all pregnant women and employees who need to express breast milk. 4/1/2018
Minnesota
Law Main Topic Summary Effective
Date
St. Paul: Final Rule on Sick Time16 Protected Time Off: Earned Sick & Safe Time Adopts final rules implementing and enforcing the Earned Sick and Safe Time Ordinance (No. 233). 11/30/2017
Nevada
Law Main Topic Summary Effective
Date
AB 76 Criminal Background Checks Removes the duty of the state central repository of criminal records to provide certain information to employers and repeals immunity previously afforded employers under specific circumstances. 1/1/2018
SB 36117 Protected Time Off: Domestic Violence Requires employers to grant leave (up to 160 hours per year) to employees who are victims of domestic violence, or whose family or household members are victims. Obligates employers also to reasonably accommodate employees, including modified schedules or new work numbers. 1/1/2018
New York
Law Main Topic Summary Effective
Date
SB 6406,
AB A9006C18
Protected Time Off: Family Leave Entitles an eligible employee to up to 12 weeks of paid family leave annually; program phases in on 1/1/2018 with up to 8 weeks of leave with pay set at 50% of the employee’s average weekly wage. 1/1/2018
SB 2543 Workplace Safety: Electronic Smoking Devices Amends prohibition against smoking in public areas (including workplaces) to include electronic devices (i.e., vaping). 11/22/2017
New York City:
No. 125319
Salary History Prohibits employers from inquiring about an applicant’s salary history and from relying on that history, unless it is offered voluntarily. 10/31/2017
New York City:
No. 1313-A20
Protected Time Off: Paid Safe Time Expands the City’s paid sick leave requirements to cover “safe time,” including if an employee or family member is a victim of a family or sexual offense, or stalking. 5/5/2018
New York City:
No. 138421
Fast Food Employees: Charitable Deductions Requires fast food employers, upon request, to arrange payroll deductions for employees to make voluntary contributions to authorized nonprofits. 11/26/2017
New York City:
No. 1388
Fast Food Employees: Shift Limitations Prohibits employers from requiring fast food employees to work two shifts with fewer than 11 hours rest between them, without written employee consent. Imposes $100 premium to employee if so scheduled. 11/26/2017
New York City:  
No. 1395
Fast Food Employees: Opportunity to Work Requires fast food employers to offer available regular or on-call shifts to currently employed workers. Prohibits employers from hiring new employees to fill these shifts before offering shifts. 11/26/2017
New York City:
No. 1396
Fast Food Employees: Predictive Scheduling Requires fast food employers to provide new hires with good-faith estimate of weekly hours. All work schedules must be posted at least 14 days’ in advance. Premium payments apply for changes to the posted schedule. 11/26/2017
New York City:
No. 1387
Retail Employees: Scheduling Limitations Prohibits retail employers from: (1) scheduling employees on call; (2) cancelling a shift within 72 hours; (3) requiring an employee to work with less than 72 hours’ notice, except with written consent; and (4) requiring an employee to “call in” to confirm a shift less than 72 hours before it begins. 11/26/2017
North Carolina
Law Main Topic Summary Effective
Date
SB 407 Worker Classification Creates an Employee Classification Section within the North Carolina Industrial Commission, to investigate reports of misclassification and to coordinate state agencies in recouping taxes, wages, etc. Also requires workplace posting. 12/31/2017
Ohio
Law Main Topic Summary Effective
Date
Admin. Code
4141-11-01
Unemployment Insurance Requires employers to submit quarterly contribution, payroll, and/or wage reports electronically. 1/1/2018
Oregon
Law Main Topic Summary Effective
Date
HB 3008 Wage & Hour Records Prohibits employers from compelling employees to falsify documents related to hours worked or compensation received. Authorizes private actions and recovery of actual damages, penalties, fees, and costs. 1/1/2018
SB 29922 Protected Time Off: Paid Sick Leave Amends the Oregon paid sick leave law to expound on certain definitions, to permit an employer to cap accrual, and to clarify the method of payment for piece rate and commissioned employees. 1/1/2018
SB 769 Privacy: Social Security Numbers Adds new privacy protections for Social Security numbers, including the disposal of material or media with such information. 1/1/2018
SB 82823 Predictive Scheduling Requires employers with 500+ employees (in retail, hospitality, and food services) to provide new hires with a good-faith estimate of work schedules, including average monthly hours. Mandates that employers provide advance notice of schedules: 7 days advance notice as of 7/1/2018, and 14 days as of 7/1/2020. Premium payments apply for changes to the posted schedule. Also requires a minimum 10-hour rest period between shifts. 7/1/2018
Puerto Rico
Law Main Topic Summary Effective
Date
Act
No. 16-201724
Equal Pay Creates Puerto Rico Equal Pay Act (PR EPA). Bans salary history inquiries and prohibits pay discrimination based on sex as among employees performing comparable work requiring the same skill, effort, or responsibilities under similar conditions. While this law took effect in 2017, enforcement and liability for private employers attaches a year after enactment. 3/8/2018
Act
No. 61-2017
Equal Pay Requires certain government contractors to comply with the PR EPA. While this law took effect in 2017, enforcement and liability attaches a year after enactment. 8/1/2018
Rhode Island
Law Main Topic Summary Effective
Date
HB 5152 Cellphones & Driving Amends current restrictions to allow drivers to activate, view, or deactivate a navigation or GPS device while driving. 10/11/2017
HB 5182,
SB 175
Cellphones & Driving Bans all mobile phone use (not just texting) by drivers, with certain exceptions, including hands-free devices. 6/1/2018
HB 5413,
SB 29025
Protected Time Off: Paid Sick Leave Permits employees (working for employers with 18+ employees in the state) to accrue and use paid sick and safe time, up to 24 hours in 2018, with increases in following years. Requires employers to pay the employee’s same rate and maintain benefits during leave. 7/1/2018
SB 676 Workers’ Cooperatives Creates a statutory vehicle for the organization and operation of workers’ cooperatives, i.e., corporations owned and democratically governed by their members. 1/1/2018
Utah
Law Main Topic Summary Effective
Date
SB 249 Tax Withholding Requires that employers submit quarterly withholding returns electronically. 1/1/2018
Vermont
Law Main Topic Summary Effective
Date
HB 136 Pregnancy Accommodations Makes it unlawful for employers to refuse to provide reasonable accommodation for an employee’s pregnancy-related condition, absent undue hardship. 1/1/2018
HB 462 Privacy: Social Media Accounts Prohibits employers from requiring or requesting that employees or applicants disclose personal social media account information (including usernames), access an account in the employer’s presence, change account privacy settings, etc. 1/1/2018
Virginia
Law Main Topic Summary Effective
Date
HB 1646,
SB 1333
Wage Garnishment Lowers the maximum portion of disposable earnings subject to garnishment. 7/1/2018
Washington
Law Main Topic Summary Effective
Date
SB 5975 Protected Time Off: Paid Family Leave Beginning 1/1/2020, entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Employers with 50 or fewer employees are exempt from employer contributions. Includes notice duties. 12/31/2019
Initiative
No. 143326
Protected Time Off: Paid Sick Leave Entitles all employees to accrue paid sick leave, at a rate of 1 hour per 40 hours worked, with carryover to the next year. Relatedly, the Department of Labor & Industries is evaluating proposed regulations on the paid sick leave law.27 1/1/2018

 

Footnotes

1 Ilyse Schuman & Michael J. Lotito, WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?, Littler Report (Oct. 24, 2017).

2 See, e.g., Jorge R. Lopez, Sean M. McCrory & Shireen Judeh, Employers Should Prepare Now for Increased ICE Enforcement, Littler ASAP (Nov. 8, 2017); Patrick O’Brien & Jorge Lopez, USCIS’s Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy, Littler ASAP (Oct. 30, 2017); Shin-I Lowe, White House Releases Trump Administration Immigration Policy Priorities, Littler ASAP (Oct. 11, 2017); Jorge Lopez & Shireen Judeh, New Presidential Proclamation Restricts Travel from Eight Countries, Littler ASAP (Sept. 26, 2017).

3 Ilyse Schuman & Michael J. Lotito, President Trump Issues Executive Order to Reshape Health Insurance Market, Littler ASAP (Oct. 12, 2017).

4 See Michael J. Lotito & Ilyse Schuman, House Introduces Bipartisan Bill Designed to Ease Joint Employer Uncertainty, Littler ASAP (July 27, 2017).

5 Ilyse Schuman & Michael J. Lotito, Republican Lawmakers Try New Approach to Paid Leave, Workplace Flexibility, Littler ASAP (Nov. 2, 2017).

6 See, e.g., Ilyse Schuman & Michael J. Lotito, WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures, WPI Report (Nov. 1, 2017).

7 See also Bruce Sarchet, Corinn Jackson & Betsy Cammarata, With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws, Littler Insight (Oct. 16, 2017).

8 Bruce Sarchet, New California Law Prohibits Salary History Inquiries, Littler ASAP (Oct. 13, 2017).

9 Gayle Gonda, Michelle White & Jorge Lopez, New Law Governs Immigrant Worksite Enforcement Actions in California, Littler ASAP (Oct. 19, 2017).

10 Rod Fliegel & Allen Lohse, California Statewide Ban-the-Box Law Signed By Governor, Littler Insight (Oct. 16, 2017).

11 Alexis Sohrakoff, California Will Require Small Businesses to Provide 12 Weeks of Unpaid, Protected Leave for Baby Bonding Purposes, Littler ASAP (Oct. 13, 2017).

12 Bruce Sarchet & Corinn Jackson, Another San Francisco Treat: Mayor Lee Signs Salary History Ban, Littler ASAP (July 20, 2017).

13 Joon Hwang, Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants, Littler ASAP (June 19, 2017).

14 Christopher Kaczmarek, Stephen Melnick & Joseph Lazazzero, Massachusetts Adds Teeth to Equal Pay Obligations, Littler Insight (July 28, 2016).

15 Christopher B. Kaczmarek & Shannon M. Berube, Massachusetts Expands Employers’ Obligation to Accommodate Pregnant Employees, Littler ASAP (July 27, 2017).

16 The St. Paul final rules are available here.

17 Rick Roskelley, Nevada Mandates Employer Provided Leave and Accommodations for Victims of Domestic Violence, Littler Insight (June 30, 2017).

18 Stephen Fuchs & Jill Lowell, New York Issues Final Paid Family Leave Law Regulations, Littler Insight (Aug. 9, 2017); Stephen Fuchs & Bruce Millman, Understanding New York’s New Paid Family Leave Law, Littler Insight (May 23, 2016).

19 María Cáceres-Boneau, Jean Schmidt & David M. Wirtz, New York City Set to Ban Inquiries About Salary History, Littler ASAP (Apr. 14, 2017).

20 Jill Lowell & Sebastian Chilco, New York City Expands Types of Leave Covered by Paid Sick Leave Law, Littler ASAP (Nov. 8, 2017).

21 Eli Z. Freedberg, Christine L. Hogan, Bruce R. Millman & Michael J. Lotito, New York City Enacts Laws Limiting Employers’ Flexibility To Staff Employees, Littler Insight (June 2, 2017) (discussing this package of “fair workplace” ordinances affecting fast food and retail operations); see also Eli Freedberg & Christine Hogan, The DCA Has Issued Proposed Rules for the New York City Fair Workweek’s Predictive Scheduling Laws, Littler Insight (Oct. 25, 2017) (discussing rules promulgated by the New York City Department of Consumer Affairs interpreting and expanding the fair workplace ordinances).

22 Adam Brauner, Oregon Clarifies Paid Sick Leave Law, Littler ASAP (July 13, 2017).

23 Matt Scherer, New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers, Littler ASAP (Aug. 14, 2017).

24 Mariela Rexach & Ana Beatriz Rivera-Beltrán, Puerto Rico Employers Prepare for New Guidelines Governing Equal Pay in the Workplace, Littler ASAP (Aug. 14, 2017); José Dávila Caballero & Mariela Rexach, Puerto Rico Adopts Local Equal Pay Act, Littler ASAP (Mar. 9, 2017).

25 Jillian Folger-Hartwell & Sebastian Chilco, On the Rhode Again: Paid Sick Leave Drought Ends with New Rhode Island Law, Littler Insight (Oct. 2, 2017).

26 Pamela Salgado, Breanne Martell & Vanessa Lee, New Minimum Wage and Paid Sick Leave Laws for Washington Employers, Littler Insight (Dec. 22, 2016).

27 The proposed Washington regulations and other information about this initiative are available here.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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

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

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

California Privacy Rights

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

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

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

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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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.