Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity. They show the status of proposed rules and highlight which proposed and final rules are imminent. These regulatory plans also offer additional details about the most significant actions the agencies intend to take in the coming year and identify agency priorities.

On the same day that regulatory agendas were released, President Obama announced his nomination of Shaun Donovan, the outgoing Secretary for Housing and Urban Development, to serve as director of the Office of Management and Budget (OMB). OMB oversees the implementation of the federal government’s regulatory policies by approving all agency rules before they are published as final, and can have a significant effect on rulemaking by expediting or delaying proposed rules.

The Spring 2014 Regulatory Agenda incorporates plans for the executive departments and various federal agencies, including the U.S. Department of Labor (DOL) as well as that of executive agencies such as the U.S. Equal Employment Opportunity Commission (EEOC) and independent agencies such as the National Labor Relations Board (NLRB). The following summary highlights the status of several of the key regulatory measures that the DOL, EEOC, and NLRB consider priorities for 2014 and beyond at the pre-proposal, proposed, and final rulemaking stages.

U.S. Department of Labor

The DOL’s Plan/Prevent/Protect (PPP) initiative, first articulated in its spring 2010 regulatory agenda, is an overall regulatory enforcement strategy designed to shift the burden of ensuring compliance with employment laws administered by the DOL from the Department’s enforcement personnel to employers and other regulated entities themselves—before DOL enforcement personnel ever inspect their workplaces. PPP consists of separate regulatory proposals. Surprisingly, although it was once a priority, the DOL’s Spring 2014 Regulatory Agenda now lists several of the more controversial proposals implementing PPP as “long-term actions” with no target release dates.

Instead, the DOL will focus more immediately on the following proposed regulations:

Wage and Hour Division

Within the DOL’s rule list of 91 items, the Wage and Hour Division (WHD) has five regulatory items. Two of the items are long-term actions for which the WHD did not specify a projected date of when it may issue a proposed rule.  These items are the “Right to Know” rule under the Fair Labor Standards Act (FLSA) initiative and the Fair Labor Standards Act, Child Labor Hazardous Occupations Order, No. 7. As for the active items that WHD is pursuing, these include proposals on the Family and Medical Leave Act of 1993, as amended, establishing a minimum wage for contractors, Executive Order 13658, and defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees.

For the first time since President Obama issued a memorandum in March 2014 instructing the DOL to revise its rules to “define and delimit” the FLSA overtime exemptions for “white collar” executive, administrative, professional, outside sales, and computer employees under the Part 541 regulations, the DOL has disclosed its plans to promulgate revisions by November 2014. This probably can be construed as meaning that the WHD will wait until after the November 2014, elections to publish a proposed rule for notice and comment.  At a minimum, it can be said that the DOL is heeding the president’s March 2014 memorandum. The proposed rule is intended to streamline the “white-collar” overtime exemption by increasing the salary level and revising specific job duties required to qualify for exemption. Of course, the notice of proposed rulemaking (NPRM) is merely the start of the rulemaking process, which will also include a period of public comment, agency review, and OMB review prior to final action.

The Spring 2014 Regulatory Agenda also announced that implementing regulations are imminent for President Obama’s Executive Order, issued in February 2014, raising the minimum wage for certain federal contractors. The WHD submitted its proposed rules on the minimum wage for contractors, Executive Order 13658, to the Office of Information and Regulatory Affairs (OIRA) of the OMB. The WHD will need to complete this rulemaking as quickly as possible for two reasons: (1) to meet the October 1, 2014, deadline of the Executive Order; (2) to allow the DOL and the WHD to dedicate all available resources to the regulatory agenda item to revise Part 541 regulations.

The Wage and Hour Division (WHD) is also set to release regulations revising the definition of “spouse” under the Family and Medical Leave Act (FMLA) in light of the U.S. Supreme Court’s decision in United States v. Windsor. According to the agenda, this proposed rule is imminent.

Notably, these regulations, and in particular the Part 541 regulations, appear to have superseded the WHD’s “Right to Know” initiative to update FLSA recordkeeping regulations “to enhance the transparency and disclosure to workers of their status,” and the basis for that status, as exempt employees, non-exempt employees, or independent contractors. The Right to Know regulation has been classified as a “long term action” with no target release date. It may be premature to declare the Right to Know item as kaput, but it seems to be headed in that direction. Notwithstanding Right to Know’s “long term” status, OMB’s Office of Information and Regulatory Affairs (OIRA) concluded its review of the worker classification survey which WHD had initiated last year to help justify its Right to Know initiative. Thus, DOL may initiate the worker classification survey to support the charge of Secretary of Labor Thomas Perez and David Weil, the new WHD administrator, to prevent, detect, and remedy employee misclassification.

Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) has long considered as a priority a rule promulgating an Injury and Illness Prevention Program (I2P2). According to the most recent regulatory agenda, OSHA had planned to issue a proposed rule by September 2014 requiring employers to implement an I2P2. The program would involve both employers and their employees in developing, implementing, and evaluating workplace plans for improving processes and activities that would identify worker safety and health hazards, even when OSHA does not have a current standard covering the hazard. However, OSHA’s just-released Spring 2014 Regulatory Agenda now puts this rulemaking priority on hold as a “long-term action” with no release date. Again, this is somewhat surprising given the priority OSHA Administrator David Michaels assigned to it as integral to the enforcement process.

Other OSHA Rules

OSHA again dominates the DOL’s rulemaking agenda with a total of 26 measures at various points in the rulemaking process. One of those proposals—OSHA’s proposed plan to add a musculoskeletal disorders (MSD) column to OSHA’s Form 300 injury and illness log—has been assigned to the regulatory back burner. This is significant because the requirement was considered a precursor to an ergonomics standard.

However, proposed standards governing combustible dust and infectious diseases are still at the pre-rule stage. With the comment period now closed, OSHA has listed its proposed standard. The date listed for the record to close on post-hearing comments for the controversial crystalline Silica standard, which is in its final stages, is July 2014. There is no date listed for a final rule. A final rule to “improve tracking of workplace injuries and illnesses” by requiring employers to submit injury and illness data electronically to OSHA is still scheduled for publication by March 2015. The proposal is particularly controversial because OSHA will make the information regarding injuries and illnesses at particular facilities publicly available. OSHA also expects to finalize amended standards governing fall protection that will likely have a significant impact on the operations of many different types of facilities.

Since OSHA is the agency charged with enforcing the whistleblower provisions in 22 separate statutes, final or interim final rules for handling retaliation complaints under the following statutes are all scheduled to be released by February 2015: the Affordable Care Act (ACA), Moving Ahead for Progress in the 21st Century Act (MAP-21), the Corporate and Criminal Fraud Accountability Act of 2002, the Consumer Protection Act, the Seaman’s Protection Act, the FDA Food Safety Modernization Act, the National Transit Systems Security Act, the Surface Transportation Assistance Act, and the Federal Railroad Safety Act.

The Office of Labor Management Standards

Notably, the DOL’s Office of Labor-Management Standards (OLMS) has once again postponed the release of its highly controversial “persuader activity” rule until December 2014 and perhaps beyond. The rule would significantly broaden the scope of publicly reportable activities by substantially narrowing the DOL’s interpretation of the “advice exemption” in section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA).

This final rule would greatly expand the types of services involving counseling employers about union activities (such as organizing, collective bargaining, strikes, and other forms of concerted activities) that would trigger employer- and outside labor relations consultant-reporting requirements. The rule could have a drastic impact on the confidential nature of the attorney/client relationship by narrowing what constitutes legal advice that is exempt from section 203’s reporting requirement. Moreover, many small employers without in-house counsel to assist with legal advice during union organizing campaigns and with the filing of the LMRDA’s reporting requirements would be placed at a disadvantage in communicating lawfully with their employees. This is especially true if the proposed persuader rule is combined with the NLRB’s proposed revisions to its union representation election rules—the so-called “quickie” or “ambush” election rules. While the further delay of the persuader rule is welcomed by opponents of the rule, it is now listed for final promulgation in December 2014.

Consultant Form LM-21 Receipts and Disbursements Report

Related to the persuader rule, OLMS intends to issue a proposed rule by December 2014 that would require employers to electronically file the Form LM-21, Receipts and Disbursements Report, which is required under section 203(b) of the LMRDA. The OLMS rule may otherwise define “labor relations advice and services”—even those unrelated to “persuader activities”—as matters that must be reported for all clients, whenever the consultant or law firm provides any “persuader activity” service for one client.

The Office of Federal Contract Compliance Programs

The Office of Federal Contract Compliance Programs (OFCCP) plans to issue two proposed rules regarding federal contractors’ compensation practices. These rules respond to President Obama’s memorandum directing the U. S. Secretary of Labor to propose a rule requiring federal contractors to submit summary compensation data to the DOL  and to Executive Order 13665 prohibiting retaliation against employees and applicants who discuss compensation information, both of which were issued last month. The pay data collection tool will require contractors to report employee compensation data, including data by race and sex, annually. The executive order, the presidential memorandum, and the new rules are designed to further the Obama administration’s emphasis on pay equity and wage transparency.

According to the DOL’s Spring 2014 Regulatory Agenda, OFCCP intends to issue an NPRM for compensation data collection in August 2014. In addition, the agency is scheduled to issue an NPRM for Executive Order 13665 in September 2014. OFCCP has also targeted September 2014 to propose new sex discrimination guidelines that reflect the agency’s view of the current state of the law in this area. The current guidance in 41 CFR Part 60-20 is more than 30 years old and, according to OFCCP, “warrants a regulatory lookback.”

In addition, OFCCP still intends to replace current regulations implementing the affirmative action obligations of construction contractors with new regulations that, in the agency’s view, “reflect the realities of the labor market and employment practices in the construction industry today.” The proposed regulations, last revised in 1980, are now targeted for January 2015.

Employee Benefits Security Administration

The Employee Benefits Security Administration (EBSA) has a number of significant issues on its regulatory agenda for 2014.  In particular, EBSA has indicated its intention to continue to pursue greater transparency for retirement plan investment fees and costs via refinements to existing ERISA disclosure regulations, including through enhanced disclosure requirements for so-called “target date” funds.  EBSA has also signaled its interest in the fiduciary implications of self-directed investment or “window” accounts and expects to conduct information-gathering during 2014 with an eye towards further regulatory activity in 2015.

However, the single most significant item on EBSA’s agenda involves its proposed expansion of the activities that can lead to fiduciary status under ERISA. This proposal has had a fairly tortured history within the agency and has been under consideration for several years in the face of continuing bipartisan criticism from Congress and private industry. EBSA’s agenda tentatively indicates that the revised regulations will be re-proposed in August 2014, but Congressional pressure may ultimately delay issuance of the regulations until after the November 2014 elections. Even in a scaled-back form, these regulations are likely to have a broad impact on advisers providing investment advice and education to retirement plan sponsors and plan participants.

U.S. Equal Employment Opportunity Commission

According to its submissions to the Spring 2014 regulatory agenda, the EEOC had nine items on its list of initiatives, with the only new one concerning wellness programs offered through employer health plans. The EEOC’s new action item for the year is to issue a proposed rule on how incentives to employees given as part of employer wellness plans should be treated under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The EEOC plans to amend existing ADA rules to address whether, and to what extent, the ADA permits employers through their health plans to financially penalize or incentivize employee conduct as part of wellness programs.

The EEOC also plans to amend GINA regulations to “resolve the frequently-asked question of whether employers may offer inducements to employees’ spouses or other family members who answer questions about their current medical conditions” on health risk assessments, which are sometimes included in wellness programs.

National Labor Relations Board

As expected, the National Labor Relations Board (NLRB) reissued its controversial NPRM revising its representation election rules and procedures (commonly referred to as the “ambush election” rules), after having been rebuffed by the U.S. Court of Appeals for the District of Columbia Circuit on procedural grounds. The reissued rules are virtually identical to the rules originally proposed in 2011, even though following the more-than-65,000 comments filed during the 2011 NPRM, the agency had scaled back the final rule and revised or deleted several of the more controversial provisions. The current NPRM was issued in February 2014; the comment and hearing process closed in April, so the rule is now in the hands of the NLRB for final action, which is expected before December when the term expires for Board Member Nancy Schiffer, thus possibly averting a 2-2 deadlock on the rules.


While many of these and other agency rules listed in the federal government’s Spring 2014 Regulatory Agenda are aspirational, and often end up being delayed, they are significant because they provide insight into the agency’s regulatory priorities. They also identify when employers may provide the agency with public comment or other input before the rules become final, when these rules will be issued as final, and when they may be addressed by Congress and the courts.


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.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Written by:

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.