The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

by Jaburg Wilk
Contact

It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors.  After all, it is a lot easier and saves money.  But those days may be changing.  Changes in policy and stepped up enforcement now make it highly risky for any employer to classify any individual worker, even if hired part time or temporarily, as an independent contractor.   

The use of contingent workers – temps, independent contractors, subcontractors and other nontraditional work roles – is routine in many industries. A study released in September 2014 concluded that there are more than 53 million Americans doing some type of freelance work, including 21.1 million independent contractors.[1] A 2011 survey of the 200 largest companies estimates that this modern “contingent umbrella” workforce accounts for 22 percent of the average company’s workforce.[2]  The impact of these numbers is clear and has been stated in no uncertain terms: “traditional employment will no longer be the norm, replaced by contingent workers such as freelancers and part-time workers.”[3]

There are consequences of this growing contingent workforce – namely the rampant misclassification of workers as independent contractors. Companies that misclassify independent contractors are faced with costly lawsuits and crippling retroactive penalties and fines.  At the same time, the standards for classifying individuals as independent contractors are often vague, inconsistent and change frequently. Companies are scrambling to ensure compliance.  Indeed, a company’s decision to hire a contractor or an employee involves taxes, labor and employment law, benefits, worker’s compensation, unemployment insurance and more. With so many different areas affected by this emerging contingent workforce, the U.S. Department of Labor (DOL), the Internal Revenue Services (IRS), the National Labor Relations Board (NLRB) and state workforce agencies are coming together to rid the workplace of misclassified independent contractors.

Based upon the numerous regulations, opinions and guidance issued by these agencies and recent court holdings, there appears to be a growing trend, making it increasingly more difficult to classify an individual as an independent contractor.  Despite the demand for contingent workers, it appears that in a not so distant future there could be no such thing as an individual independent contractor.  But that does not mean the contingent workplace will be entirely eliminated. Instead, employers looking to utilize independent contractors’ services will likely opt to contract with business entities rather than individuals. 

Companies in almost every industry are at risk of individual workers being misclassified as independent contractors. The DOL, the IRS and state workforce agencies are currently targeting certain industries where misclassification is thought to be most prevalent.  So which industries are on this workplace “hit list”?  Forbes Magazine posits that, “based on public statements, press releases and congressional testimony by federal government officials over the last several years, the list includes janitorial services; construction; nursing; staffing; Internet services; transportation and trucking; cable companies; security; catering services; hotel/motel; oil and gas; landscaping; and car service/ limousines.”[4] Moreover, recent trends in case law show that the exotic entertainment industry and on-demand services, such as the popular transportation company Uber, are at risk of having their workers reclassified as employees.  Companies in all industries need to be aware that even a well-conceived independent contractor relationship may be open to question. 

One example is the exotic entertainment industry.  In the past decade, it has been hit particularly hard by this emerging trend, causing the entire industry’s business model to become unhinged.[5] Recent years have seen the industry awash with successful lawsuits against international nude cabaret franchises and small clubs alike. In November 2012, a $13,000,000.00 settlement was approved by a California federal court in a nationwide class-action lawsuit initiated by women who worked as exotic dancers for the Spearmint Rhino adult nightclub. In addition to the financial hit to the 16 companies that were named in the lawsuit, the clubs agreed to no longer treat dancers as independent contractors or lessees, but as employees, shareholders, partners or some type of owner.[6] More recently, a New York District Court approved a $15,000,000.00 settlement in a class action lawsuit against Rick’s Cabaret International brought by nearly 2,000 exotic dancers.[7] In Arizona, over 120 dancers at Christie’s Cabaret have banded together in a class-action lawsuit, which claims that since 2011 clubs in Phoenix and Tempe and their corporate owners have illegally classified dancers as independent contractors. The case is in its early stages, and rulings are expected near the end of the year. If there is no settlement, the case could be before a jury in Spring 2016 and could possibly reshape Arizona’s interpretation of independent contractor relationships in this industry.[8]

Another company hit by this emerging trend is the ever popular on demand car service, Uber.  The company is currently facing two lawsuits in California federal courts over the misclassification of drivers. On September 1, 2015, a federal judge in San Francisco granted Uber drivers’ class-action status in one of the lawsuits, which claims the company treats drivers like employees without offering benefits and avoiding costs associated with payroll taxes. The second California lawsuit has not been certified as a class action, but alleges the same misclassification.[9] California is not the only state looking to reclassify Uber drivers as employees. The company was hit with a proposed class action suit in a Pennsylvania state court with the same allegations of driver misclassification.[10]  The impact of these cases on the contingent workers industry cannot be ignored. Uber’s business model could be completely upended if drivers were classified as employees. And Uber is big, estimated to be worth some $40 billion with over 163,000 drivers who average $17 an hour in Los Angeles and Washington, D.C., and $23 an hour in San Francisco and New York. The impact of reclassification of drivers would be felt across the nation, not only by drivers but also by consumers and similar start-up companies. 

Uber is not alone.  Several popular app-based service providers like Lyft, Handy, Washio and Instacart have faced a mounting litigation challenge that goes to the core of this “on-demand” business model – the classification of their service providers as independent contractors. There have already been casualties, such as the on-demand home cleaning start-up Homejoy, which closed its doors in July citing the financial costs of four pending misclassification class action lawsuits.[11]

Administrative guidelines reflect this trend against allowing individuals to serve as independent contractors. In July the DOL issued an administrator’s interpretation regarding the application of the Fair Labor Standards Act (FLSA) with respect to misclassification of workers as independent contractors. The DOL’s unequivocal opinion held that “most workers are employees” under the FLSA.[12]  The DOL guideline also downplays the significance of an employer’s exertion of control over the tasks performed by the worker, which signifies a major shift in policy. 

In a recent ruling, the NLRB broadened the definition of “joint employer.” The Board concluded that sanitation company Browning-Ferris Industries (BFI) was a joint employer with Leadpoint, a company subcontracted by BFI to supply its individual workers.[13] This decision could implode the traditional arms-length relationship that has prevailed between corporate titans such as McDonald’s and its neighborhood fast-food franchises. Even the Occupational Safety and Health Administration (OSHA) has directed its inspectors to consider whether principal employers might be at fault for the safety violations of their subcontractors.[14]

The IRS has a Questionable Employment Tax Program and has entered into a Memorandum of Understanding with the Labor Department and 37 state agencies to identify “employment tax schemes and illegal [tax] practices.” There are also more than a dozen states that have multiagency misclassification task forces aimed at the coordinated enforcement of state wage and hour and unemployment tax laws. 

It is not easy to qualify as an independent contractor, in part because of the myriad and sometimes diverse regulations that apply.  Companies who wish to analyze whether their non-employee workers are properly classified as independent contractors must now contend with:

·       A new NLRB test,[15]

·       The IRS Right to Control Test (used for federal tax purposes),[16]

·       The traditional common law Right to Control Test (used for ERISA and federal discrimination law purposes),[17]

·       The modified U.S. Treasury version of the traditional common law Right to Control Test (used for Affordable Care Act purposes),[18]

·       The federal court Economic Realities Test (used for Fair Labor Standards Act purposes),[19] and

·       The multitude of varying state law tests used for state wage and hour laws, workers compensation and unemployment purposes. 

With all of these varying tests and case law, companies are being forced to reevaluate their independent contractor relationships.  So what can a company do to limit its exposure to a misclassification claim?  If a company wants to work with independent contractors, then hiring a lawyer makes a lot of sense.  However, it may be wiser to avoid hiring any individual and calling them an independent contractor.  Companies should consider contracting with business entities, rather than with individuals.  Although doing business with a business entity does not guarantee that a court will not consider the employees of that entity to be employees of the contracting entity, it is a powerful consideration in favor of avoiding having the individual service providers treated as employees. 

The modern American career landscape is changing.  The growth of the freelance and independent contractor workforce during the next decade will undoubtedly usher in more new legislation, benefit considerations and technologies. At the same time, businesses will continue to struggle to keep up with shifting classification issues. One thing is clear – the traditional independent contractor relationship with individuals is at serious, all-time high risk.

[1] Study conducted by Edelman Berland and commissioned by the Freelancers Union and Elance-oDesk, Freelancing in America: A National Study of the New Workforce (September 2014), available at http://fu-web-storage-prod.s3.amazonaws.com/content/filer_public/c2/06/c2065a8a-7f00-46db-915a-2122965df7d9/fu_freelancinginamericareport_v3-rgb.pdf.

[2] Christopher Dwyer, Contingent Labor Management: The Evolution of the Contemporary Contingent Workforce, Aberdeen Group (April 30, 2011), available at http://www.aberdeen.com/ Aberdeen-Library/7023/RA-contingent-labor-workforce.aspx).  Other studies have stated that this number could be higher. In 2009, for example, employment law firm Littler Mendelson estimated that about half of the jobs added after the recession will be contingent, making the workforce 35% freelance, temp and part time workers. See http://www.littler.com/files/press/pdf/Emerging-New-Workforce-May-2009-Employer.pdf). 
[4] Richard Reibstein, Is Your Company On The Independent Contractor Hit List?, Forbes Online Magazine (July 16, 2015), available at http://www.forbes.com/sites/danielfisher/2015/06/16/  independent-contractor-hit-list.
[5] Anna Kwidzinski, More Exotic Dancers’ Misclassification Suits Dispute Club’s Business Model, Lawyers Say, Bloomberg BNA (August 4, 2014), available at  http://www.bna.com/ exotic-dancers-misclassification-n17179893648.
[6] Trauth v. Spearmint Rhino Cos. Worldwide, Inc., C.D. Cal., No. 09-01316, amended order granting final approval issued November 11, 2012.
[7] Hart v. RCI Hospitality Holdings, Inc., 09 CIV. 3043 PAE, 2015 WL 5577713 (S.D.N.Y., filed Sept. 22, 2015)
[8] Sean Holstege, Strippers Sue Metro Phoenix Clubs Over Labor Practices, The Arizona Republic (July 17, 2015).
[9] Kate Rogers, Uber Drivers’ Suit Given Class Action Status, CNBC (September 2, 2015), available at http://www.cnbc.com/2015/09/02/uber-drivers-suit-given-class-action-status.html.
[10] Joseph DiNofa v. Uber Technologies Inc. et al., Case No. 150902252, filed in the Court of Common Pleas of Philadelphia County, Pennsylvania.
[11] See Kate Rogers, Uber Drivers’ Suit Given Class Action Status, supra.  
[12] United States Department of Labor Administrator’s Interpretation No. 2015-1 (July 15, 2015), available at http://www.dol.gov/whd/workers/Misclassification/AI-2015_1.htm
[13] Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, Petitioner, Case No. 32–RC–109684 (August 27, 2015), available at https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-browning-ferris-industries
[14] Lydia DePillis, In Landmark Case, Labor Board Lets More Workers Bargain with Their Employer’s Employer, The Washington Post (August 27, 2015), available at http://www. washingtonpost.com/news/wonkblog/wp/2015/08/27/labor-board-moves-to-make-businesses-accountable-for-their-subcontractors. 
[15] See Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, Petitioner, Case No. 32–RC–109684, supra.   
[16] IRS.gov website, Independent Contractor (Self-Employed) or Employee? (revised August 5, 2015), available at https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/ Indendent-Contractor-Self-Employed-or-Employee.   
[17] United States Department of Labor, Office of the Secretary Special Report, Contingent Workers, available at http://www.dol.gov/_sec/media/reports/dunlop/section5.htm.
[18] Social Security Administration, Employer & Employee Relationships: How To Apply The Common Law Control Test, available at https://www.ssa.gov/section218training/advanced _course_10.htm.
[19] United States Department of Labor, Wage and Hours Division, Administrator’s Interpretation No. 2015-1 (July 15, 2015), available at http://www.dol.gov/whd/workers/Misclassification/AI-2015_1.htm.

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.

© Jaburg Wilk | Attorney Advertising

Written by:

Jaburg Wilk
Contact
more
less

Jaburg Wilk 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.