Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

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

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what should be on their “to do” lists for the new year. To find out what the most pressing labor and employment issues of concern are for retailers in 2015, I polled a group of in-house counsel and human resources professionals at some of the nation’s top retailers. Here are the common themes that emerged and 10 New Year’s resolutions (in no particular order) that retail employers should consider making at the start of the new year, as well as links to helpful information:

1. Evaluate your background check policies and practices. Over the past several years, many states, and even municipalities, have passed so-called “ban-the-box” legislation limiting the types of information employers can ask of new applicants and placing requirements on the timing of background checks. The City of Chicago, Columbia, Missouri and New Jersey have all recently enacted such legislation. Further complicating this checkerboard of varied state and municipal requirements across the country is the fact that the U.S. Equal Employment Opportunity Commission (EEOC) has long taken the position that employers’ reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. Not only has the EEOC made enforcement of its position on background checks a priority as part of its Strategic Enforcement Plan FY 2013-2016, but it also filed lawsuits in 2014 against multiple national employers alleging that their criminal records check processes discriminated against minorities. The EEOC’s expectations with regard to background checks are contained in its Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records, which, among other things, encourages employers to implement a targeted screening process that takes into account the following factors: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense, conduct, and/or completion of the sentence; and (3) the nature of the job held or sought. In 2015, retailers will want to review their background check policies and procedures to make sure that they are in compliance with the myriad state and municipal laws, as well as with the EEOC’s expectations in this regard.

2. Review your leave policies to ensure they comply with state and municipal sick leave laws and domestic violence leave laws. In the November 2014 elections, Massachusetts and several cities in New Jersey joined the ranks of San Francisco, California, the District of Columbia, and Seattle in enacting new laws mandating that employers provide sick leave (sometimes paid leave) to employees (including seasonal and part-time employees). Many states, including Massachusetts, also recently have enacted laws mandating that employers provide domestic violence leave. Retail employers should make sure to review their leave policies and practices in 2015 to ensure that they are in compliance with all the various state and municipal sick leave and domestic violence leave laws that have cropped up recently.

3. Evaluate your dress codes and religious accommodation practices. Dress codes were a focus of both the EEOC and the National Labor Relations Board (NLRB) in 2014, and more attention to dress codes and religious accommodation issues is expected in 2015. The Supreme Court of the United States is poised to issue a decision in a case involving the EEOC’s challenge to its dress code brought by a Muslim job applicant who wore a hijab during an interview at an Abercrombie & Fitch store.

This case raises issues relating to dress codes and religious accommodations, and the Supreme Court’s decision should provide needed guidance to retail employers on these issues. Meanwhile, the NLRB has been scrutinizing dress codes as well for policies that may have a chilling effect on union activities. In February 2014, the NRLB deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the National Labor Relations Act (NLRA). Both the EEOC and NLRB’s attention to dress codes make 2015 a good time for retail employers to reevaluate their dress code policies and religious accommodation practices.

4. Review your arbitration agreements and class action waivers, or consider implementing them if you don’t have them. In the wake of several Supreme Court decisions in 2013 upholding the enforceability of arbitration agreements and class action waivers, many retailers have implemented arbitration agreements in an attempt to stem the tide of class and collective actions, particularly wage and hour cases that have been filed against retailers for the past several years. While there has been a plethora of litigation about the scope and enforceability of such agreements, particularly as to class action waivers in the wage and hour context, the courts have been upholding the enforceability of such agreements and class action waivers, despite unsuccessful challenges from the NLRB in the D.R. Horton case.

There are many pros and cons to arbitration and class action waivers that employers should consider before implementing such policies, but they can be attractive options for retail employers in 2015. Retailers that already have arbitration agreements and class action waivers should review them in 2015 in light of the case law that has developed to make sure that no changes to their programs are necessary to ensure their enforceability.

5. Conduct a wage and hour audit to ensure compliance with new minimum wage laws, restrictions on the use of unpaid internships and other issues. Retail has been one of the most targeted industries in recent years for wage and hour claims, particularly class and collective actions. Claims that are currently in vogue include misclassification of managers; meal and rest period violations; failure to reimburse cell phone expenses; and the use of unpaid interns. Also, in the November 2014 elections, many states passed laws increasing state minimum wage rates effective in 2015. Finally, retail employers in New England who are unaware of their obligation to pay “holiday pay” on certain holidays can face treble damages for failing to pay the required premiums. With the landscape of wage and hour claims continually changing, now is a good time for retailers to conduct a wage and hour audit to shore up any problem areas with their pay practices and minimize their chances of becoming targets of wage and hour class or collective actions.

6. Review your policies and practices for “hot button” issues of concern for the NLRB. In 2014, the NLRB continued its focus on issues affecting non-unionized employers—specifically, employer policies that the NLRB has deemed to have a chilling effect on employees’ ability to engage in protected concerted activity under the NLRA; 2015 promises more of the same. Among the policies that are consistently under scrutiny by the NLRB are employee handbook policies and and social media policies. Most recently, the NLRB has taken issue with employers’ email policies prohibiting the personal use of company email on the ground that such policies can serve to chill employees’ union organizing efforts. Both unionized and non-unionized retailers alike should review their policies and agreements for the NLRB’s “hot button” issues of concern to make sure that they do not become the focus of an NLRB proceeding in 2015. Unionized retailers will also want to review their collective bargaining agreements in light of the recent NLRB decision in Babcock & Wilcox Construction Company changing the deferral standards to be used for deferral to arbitration and settlement. Retailers should consider whether their collective bargaining agreements should be modified to include reference to the rights protected by the NLRA. If a grievance is filed under the collective bargaining agreement, all settlements need to be reviewed for potential unfair labor practice issues and, if they exist, the agreement must specifically incorporate the parties’ intent to resolve those issues.

7. Create a data breach prevention and response plan. According to the National Retail Federation, 11 percent of all data breaches in the United States involve retailers. Breaches can involve customer data as well as employee data, such as payroll and medical information protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Many states have their own data breach laws, some requiring that companies create a data security plan and notify individuals whose data have been compromised. Retailers involved in large-scale data breaches face not only hard costs and legal liability, but also negative publicity, consumer and employee distrust, and damage to their brands. Taking steps to ensure that your company has a plan to prevent a data breach and respond to one if it occurs can go a long way to ameliorate these steep costs. The 10 most important issues that employers need to address in the wake of the recent proliferation of data breaches are discussed in a recent post, “What Do Employers Need to Know in the Wake of the Latest Data Breach?

8. Review the ADA accessibility of your facilities and your accommodation practices. Lawsuits, including class action lawsuits, brought under the Americans with Disabilities Act (ADA) against places of public accommodation are on the rise, particularly in California, New York, and Florida. This is due in part to the growth in the number of serial ADA plaintiffs who are bringing multiple claims and the increase in the size of the plaintiffs’ bar supporting and advancing such claims. Retailers that want to avoid being targeted for such suits in 2015 should review the accessibility of their facilities and remediate any accessibility issues that they find. They should also review their policies and procedures regarding the presence of animals—both service animals and emotional support animals—in their stores or consider implementing such policies in 2015, given the rise in the number and variety of animals appearing in places of public accommodation.

9. Get ready for possible union organizing under the NLRB’s new ambush election rules. In December 2014, the NLRB implemented new “ambush election” rules which will make it possible for union elections to occur in less than 21 days. This development, plus the NLRB’s willingness to recognize micro-unions and the growing strength of grassroots movements targeting retailers (discussed below) spells possible trouble on the horizon for non-unionized retailers. Therefore, retailers should start planning now for possible union organizing activity in 2015.

10. Start thinking about and planning for brewing issues such as overtime regulations, wellness programs regulations, and grassroots movements. It’s never a dull moment for new issues in the labor and employment arena, and 2015 will be no different. Already-brewing issues include (1) new federal overtime regulations, which will include a higher weekly salary minimum than the current $455 per week and will expand the pool of employees entitled to earn overtime; (2) the issuance of guidance by the EEOC, which has already filed several suits against employers challenging their wellness programs under the ADA; and (3) the proliferation of grassroots movements, including the stable hours movement that led to the passage of the San Francisco Retail Workers Bill of Rights and the gun control advocacy movement demanding that retailers sign anti-open gun carry petitions. Savvy retailers will want to consider these issues in advance and sketch out contingency plans so they are ready when events occur.

- See more at: http://blog.ogletreedeakins.com/ten-new-years-resolutions-retail-employers-should-consider-making-in-2015/#sthash.YTtnChUR.dpuf

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what should be on their “to do” lists for the new year. To find out what the most pressing labor and employment issues of concern are for retailers in 2015, I polled a group of in-house counsel and human resources professionals at some of the nation’s top retailers. Here are the common themes that emerged and 10 New Year’s resolutions (in no particular order) that retail employers should consider making at the start of the new year, as well as links to helpful information:

1. Evaluate your background check policies and practices. Over the past several years, many states, and even municipalities, have passed so-called “ban-the-box” legislation limiting the types of information employers can ask of new applicants and placing requirements on the timing of background checks. The City of Chicago, Columbia, Missouri and New Jersey have all recently enacted such legislation. Further complicating this checkerboard of varied state and municipal requirements across the country is the fact that the U.S. Equal Employment Opportunity Commission (EEOC) has long taken the position that employers’ reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. Not only has the EEOC made enforcement of its position on background checks a priority as part of its Strategic Enforcement Plan FY 2013-2016, but it also filed lawsuits in 2014 against multiple national employers alleging that their criminal records check processes discriminated against minorities. The EEOC’s expectations with regard to background checks are contained in its Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records, which, among other things, encourages employers to implement a targeted screening process that takes into account the following factors: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense, conduct, and/or completion of the sentence; and (3) the nature of the job held or sought. In 2015, retailers will want to review their background check policies and procedures to make sure that they are in compliance with the myriad state and municipal laws, as well as with the EEOC’s expectations in this regard.

2. Review your leave policies to ensure they comply with state and municipal sick leave laws and domestic violence leave laws. In the November 2014 elections, Massachusetts and several cities in New Jersey joined the ranks of San Francisco, California, the District of Columbia, and Seattle in enacting new laws mandating that employers provide sick leave (sometimes paid leave) to employees (including seasonal and part-time employees). Many states, including Massachusetts, also recently have enacted laws mandating that employers provide domestic violence leave. Retail employers should make sure to review their leave policies and practices in 2015 to ensure that they are in compliance with all the various state and municipal sick leave and domestic violence leave laws that have cropped up recently.

3. Evaluate your dress codes and religious accommodation practices. Dress codes were a focus of both the EEOC and the National Labor Relations Board (NLRB) in 2014, and more attention to dress codes and religious accommodation issues is expected in 2015. The Supreme Court of the United States is poised to issue a decision in a case involving the EEOC’s challenge to its dress code brought by a Muslim job applicant who wore a hijab during an interview at an Abercrombie & Fitch store.

This case raises issues relating to dress codes and religious accommodations, and the Supreme Court’s decision should provide needed guidance to retail employers on these issues. Meanwhile, the NLRB has been scrutinizing dress codes as well for policies that may have a chilling effect on union activities. In February 2014, the NRLB deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the National Labor Relations Act (NLRA). Both the EEOC and NLRB’s attention to dress codes make 2015 a good time for retail employers to reevaluate their dress code policies and religious accommodation practices.

4. Review your arbitration agreements and class action waivers, or consider implementing them if you don’t have them. In the wake of several Supreme Court decisions in 2013 upholding the enforceability of arbitration agreements and class action waivers, many retailers have implemented arbitration agreements in an attempt to stem the tide of class and collective actions, particularly wage and hour cases that have been filed against retailers for the past several years. While there has been a plethora of litigation about the scope and enforceability of such agreements, particularly as to class action waivers in the wage and hour context, the courts have been upholding the enforceability of such agreements and class action waivers, despite unsuccessful challenges from the NLRB in the D.R. Horton case.

There are many pros and cons to arbitration and class action waivers that employers should consider before implementing such policies, but they can be attractive options for retail employers in 2015. Retailers that already have arbitration agreements and class action waivers should review them in 2015 in light of the case law that has developed to make sure that no changes to their programs are necessary to ensure their enforceability.

5. Conduct a wage and hour audit to ensure compliance with new minimum wage laws, restrictions on the use of unpaid internships and other issues. Retail has been one of the most targeted industries in recent years for wage and hour claims, particularly class and collective actions. Claims that are currently in vogue include misclassification of managers; meal and rest period violations; failure to reimburse cell phone expenses; and the use of unpaid interns. Also, in the November 2014 elections, many states passed laws increasing state minimum wage rates effective in 2015. Finally, retail employers in New England who are unaware of their obligation to pay “holiday pay” on certain holidays can face treble damages for failing to pay the required premiums. With the landscape of wage and hour claims continually changing, now is a good time for retailers to conduct a wage and hour audit to shore up any problem areas with their pay practices and minimize their chances of becoming targets of wage and hour class or collective actions.

6. Review your policies and practices for “hot button” issues of concern for the NLRB. In 2014, the NLRB continued its focus on issues affecting non-unionized employers—specifically, employer policies that the NLRB has deemed to have a chilling effect on employees’ ability to engage in protected concerted activity under the NLRA; 2015 promises more of the same. Among the policies that are consistently under scrutiny by the NLRB are employee handbook policies and and social media policies. Most recently, the NLRB has taken issue with employers’ email policies prohibiting the personal use of company email on the ground that such policies can serve to chill employees’ union organizing efforts. Both unionized and non-unionized retailers alike should review their policies and agreements for the NLRB’s “hot button” issues of concern to make sure that they do not become the focus of an NLRB proceeding in 2015. Unionized retailers will also want to review their collective bargaining agreements in light of the recent NLRB decision in Babcock & Wilcox Construction Company changing the deferral standards to be used for deferral to arbitration and settlement. Retailers should consider whether their collective bargaining agreements should be modified to include reference to the rights protected by the NLRA. If a grievance is filed under the collective bargaining agreement, all settlements need to be reviewed for potential unfair labor practice issues and, if they exist, the agreement must specifically incorporate the parties’ intent to resolve those issues.

7. Create a data breach prevention and response plan. According to the National Retail Federation, 11 percent of all data breaches in the United States involve retailers. Breaches can involve customer data as well as employee data, such as payroll and medical information protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Many states have their own data breach laws, some requiring that companies create a data security plan and notify individuals whose data have been compromised. Retailers involved in large-scale data breaches face not only hard costs and legal liability, but also negative publicity, consumer and employee distrust, and damage to their brands. Taking steps to ensure that your company has a plan to prevent a data breach and respond to one if it occurs can go a long way to ameliorate these steep costs. The 10 most important issues that employers need to address in the wake of the recent proliferation of data breaches are discussed in a recent post, “What Do Employers Need to Know in the Wake of the Latest Data Breach?

8. Review the ADA accessibility of your facilities and your accommodation practices. Lawsuits, including class action lawsuits, brought under the Americans with Disabilities Act (ADA) against places of public accommodation are on the rise, particularly in California, New York, and Florida. This is due in part to the growth in the number of serial ADA plaintiffs who are bringing multiple claims and the increase in the size of the plaintiffs’ bar supporting and advancing such claims. Retailers that want to avoid being targeted for such suits in 2015 should review the accessibility of their facilities and remediate any accessibility issues that they find. They should also review their policies and procedures regarding the presence of animals—both service animals and emotional support animals—in their stores or consider implementing such policies in 2015, given the rise in the number and variety of animals appearing in places of public accommodation.

9. Get ready for possible union organizing under the NLRB’s new ambush election rules. In December 2014, the NLRB implemented new “ambush election” rules which will make it possible for union elections to occur in less than 21 days. This development, plus the NLRB’s willingness to recognize micro-unions and the growing strength of grassroots movements targeting retailers (discussed below) spells possible trouble on the horizon for non-unionized retailers. Therefore, retailers should start planning now for possible union organizing activity in 2015.

10. Start thinking about and planning for brewing issues such as overtime regulations, wellness programs regulations, and grassroots movements. It’s never a dull moment for new issues in the labor and employment arena, and 2015 will be no different. Already-brewing issues include (1) new federal overtime regulations, which will include a higher weekly salary minimum than the current $455 per week and will expand the pool of employees entitled to earn overtime; (2) the issuance of guidance by the EEOC, which has already filed several suits against employers challenging their wellness programs under the ADA; and (3) the proliferation of grassroots movements, including the stable hours movement that led to the passage of the San Francisco Retail Workers Bill of Rights and the gun control advocacy movement demanding that retailers sign anti-open gun carry petitions. Savvy retailers will want to consider these issues in advance and sketch out contingency plans so they are ready when events occur.

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.
Contact
more
less

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 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.