Akerman LLP - HR Defense

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Firm Profile: Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States
Phone: 305.374.5600
Fax: 305.374.5095
Areas Of Practice
  • Immigration Law
  • Labor & Employment Law
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys
400+ Attorneys

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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It’s a Bird! It’s a Plane! No, It’s Domestic Visa Renewal!

Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to both…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

See all updates »

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits

See all updates »

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

See all updates »

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

See all updates »

Employers Must Report Pay Data and Hours Worked

Employers with 100 or more employees must report pay data and hours worked by race, sex, and ethnicity for employees in each of 10 job categories as a result of a recent court ruling. The data for 2017 and 2018 payrolls must be…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Discrimination, Gender Identity

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Alert: The 2022 EEO-1 Collection Period Will Begin October 31

EEO-1 reporting season will soon be upon us. As we previously wrote, the 2022 EEO-1 reporting deadline has been a moving target. Almost since its founding in the 1960’s, the Equal Employment Opportunity Commission (EEOC) has…more

Civil Rights Act, Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of…more

Anti-Discrimination Policies, Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

California is Spooky—California’s Recently Enacted Laws Provide Further Fright (aka Legal Obligations) to California Employers

Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of…more

California, Employer Liability Issues, Paid Time Off (PTO), Pay Transparency, Reproductive Discrimination

See all updates »

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August 13,…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

See all updates »

Update: The DOL’s New Overtime Rule is Officially in the Pipeline

Following up on our previous blog post about the DOL’s Proposed Rule raising minimum salary thresholds for exempt workers, we are now getting closer to game time. The DOL recently submitted a proposed Final Rule through the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

The DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Gig Economy, Hiring & Firing

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It’s All Over but the Crying: Damages for Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain…more

Affordable Care Act, Anti-Discrimination Policies, Cummings v Premier Rehab Keller PLLC, Emotional Injury Claims, Employer Liability Issues

See all updates »

Summary of Key Tax Provisions in Historic Senate CARES Act Legislation

On March 26, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which advances legislation intended to help Americans and businesses survive a public health and economic crisis due to…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Excise Tax, Federal Loans

See all updates »

Weed in the Workplace – Marijuana Roundup

Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others…more

Anti-Discrimination Policies, Employment Policies, Local Ordinance, Marijuana, Medical Marijuana

See all updates »

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Policies, Fitness for Duty Exams

See all updates »

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

See all updates »

Fishing in the Company Pond

Valentine’s Day is here, and office romances are either casting in the air, already afloat, or over and, in any event, likely the subject of the latest office gossip…more

Employer Liability Issues, Employment Policies, Holidays, Risk Management, Sexual Harassment

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New I-9 Form Required But Verification Relaxed for Some Employers

Amidst the fast changing pace of employer benefits and obligations during the COVID-19 pandemic, the Department of Homeland Security (DHS) has implemented changes to ensure that immigration worksite compliance continues…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9, Hiring & Firing

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Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

See all updates »

Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

See all updates »

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

See all updates »

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

See all updates »

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

See all updates »

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile…more

Employees, Employer Liability Issues, Federal Labor Laws, Job Descriptions, NLRA

See all updates »

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout…more

Decriminalization of Marijuana, Employee Rights, Employer Liability Issues, Employment Policies, Marijuana

See all updates »

Department of Labor Issues FFCRA Guidance Poster

A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24…more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

See all updates »

EEO-1 Pay Data Collection Form Nixed for Now

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed it…more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

See all updates »

Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

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USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate on…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

See all updates »

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employee Retirement Income Security Act (ERISA)

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Unsuccessful Union Election? Employers Might Still Be Ordered to Engage in Collective Bargaining

Employers with a workforce seeking to unionize may soon be ordered to bargain even without a union election (or potentially, even if the employer won the election)—if the NLRB’s General Counsel succeeds in resurrecting a…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

See all updates »

California Employers Must Comply With Workplace Violence Prevention Requirements by July 1, 2024

A new California law taking place on workplace violence requires employers to develop and implement written plans and interactive training to prevent and respond to on-the-job threats of violence by July 1, 2024. Among other…more

Cal-OSHA, California, Employees, Employer Liability Issues, Labor Reform

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Finally in Play: A Refresher on the Fiduciary Rule for Plan Sponsors

On the heels of Labor Secretary Alexander Acosta’s announcement that the Department of Labor’s oft-delayed “Fiduciary Rule” would finally take effect on June 9th, Congressmen introduced new legislation on June 8th to overturn…more

Best Interest Contract Exemptions, Conflicts of Interest, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Franchisee, Human Resources Professionals

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ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

See all updates »

Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

See all updates »

Summary of Key Tax Provisions in Historic Senate CARES Act Legislation

On March 26, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which advances legislation intended to help Americans and businesses survive a public health and economic crisis due to…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Excise Tax, Federal Loans

See all updates »

The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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BOLO: Cyber Attacks Against Retirement Plan Accounts

Employer-sponsored retirement plans have long been targets for cybercriminals. Employers should be on the lookout as the COVID-19 pandemic has expanded the types and likelihood of potential cyber attacks against retirement plan…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Employee Benefits

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U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Federal Labor Laws, Final Rules, Franchises

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Biden Administration Unveils Long-Awaited COVID-19 Rules For Large Employers and Healthcare Workers

The wait is over for employers seeking clarity on the details of the Biden Administration’s vaccine and testing rules for private employers, first announced by President Biden in early September and now slated to take effect…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

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Is this the End of Independent Contractors in California?

Employers classifying workers in California as independent contractors face grave new concerns based on Assembly Bill 5, signed into law by Governor Newsom on Wednesday, September 18. In its breadth and the risk to which it…more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Freelance Workers

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The Era Of The Non-Compete Agreement Is Ending – Or Is it?

The wait is over, but the fight is just beginning. Will U.S. employers need to break up with non-compete agreements forever? The Federal Trade Commission (FTC) voted “yes” earlier this week in pushing through a Final Rule that…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

See all updates »

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Fair Labor Standards Act (FLSA), Marijuana

See all updates »

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

See all updates »

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Illinois Imposes New Limits on Non-Competes Effective January 1

Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules

Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent…more

Boeing, Employee Rights, Employer Liability Issues, Federal Labor Laws, Labor Relations

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LGBTQ+: What’s the Fuss?

The Respect for Marriage Act is now law, upholding recognition of interracial and same-sex marriages, and the U.S. Supreme Court has held that sexual orientation and gender identity discrimination in the workplace is illegal,…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, New Legislation

See all updates »

Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

See all updates »

Can Employers Refuse to Hire Smokers?

Are smokers in a protected class? Can a company refuse to hire them? After all, studies have repeatedly shown that smokers have higher absenteeism, are less productive and carry higher healthcare costs than non-smokers…more

E-Cigarettes, Employment Policies, Hiring & Firing, Job Applicants, Off-Duty Employees

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

Americans with Disabilities Act (ADA), CVS, Employer Liability Issues, Essential Functions, Popular

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Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

See all updates »

Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

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Discrimination Based on Hair and Hairstyles: Protected or Knot?

Cornrows or locs may not fit your corporate image, but be careful: state and local legislation prohibiting workplace grooming and appearance policies that adversely impact employees of color have begun popping up around the…more

Anti-Discrimination Policies, Best Practices, Dress Codes, Employee Rights, Employee Training

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Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

See all updates »

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

See all updates »

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits

See all updates »

Illinois Expands Employee Rights and Imposes New Obligations on Employers

New Illinois Expense Reimbursement Obligations - Joining employers in California and a growing number of other states, Illinois employers must now reimburse their employees for all expenditures or losses incurred within the…more

Breastfeeding, Employee Rights, Employment Policies, Leave of Absence, Military Service Members

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New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can…more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Employees, Employer Liability Issues

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Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs…more

Crisis Management, Cyber Attacks, Data Breach, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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New Salary Threshold for Employees Exempt from Overtime

Exempt employees would have to be paid a minimum annual salary of $35,308 in order to be exempt from the overtime and record keeping requirements of the Fair Labor Standards Act, under the Department of Labor’s long-awaited…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

See all updates »

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

See all updates »

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that…more

Accrued Benefits, Employer Liability Issues, Former Employee, Paid Time Off (PTO), Regulatory Requirements

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Employee Wellness Developments: Keeping Your Finger on the Pulse

As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the…more

AARP, Americans with Disabilities Act (ADA), Corporate Counsel, Employee Benefits, Employer Group Health Plans

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“Ok, Boomer” Not Okay in the Workplace

The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly gained…more

ADEA, Age Discrimination, Disparate Impact, Employer Liability Issues, Employment Policies

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California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers…more

Filing Requirements, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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Employers Should Ask Their Insurance Agents Whether Early Renewal Of Health Insurance Coverage Is Appropriate

While one of the greatest benefits of the federal Affordable Care Act ("ACA") is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the…more

Affordable Care Act, Employer Healthcare Costs, Fees, Health Insurance, Insurance Agents

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Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that you…more

Adverse Employment Action, Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues

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The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, Fair Labor Standards Act (FLSA), Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under…more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on…more

#MeToo, Anti-Discrimination Policies, Artificial Intelligence, Cannabis Products, Casinos

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Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage.  Among…more

Abortion, Compensation & Benefits, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Not So Fast: DOL Pauses Aspects of FLSA Tip Regulations Final Rule

Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the…more

Biden Administration, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Pay Transparency Requirements on the Rise

Across the country, many states have enacted Equal Pay laws which require employers to comply with a variety of requirements, typically including limits on inquiries about prior salaries and the permissible rationale for pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Labor Regulations, Pay Equity Laws

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Expanding Rights for Breastfeeding Mothers

On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country…more

Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies, New Legislation

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Work From Home – SOS! Post-Pandemic Legal Hazards

The pandemic has revolutionized the workplaces and remote workforces will almost certainly survive the end of the pandemic. A Gallup poll last fall indicated that 61 percent of workers expect to work remotely at least part of…more

Employer Liability Issues, Employment Tax, Income Taxes, Policies and Procedures, Remote Working

See all updates »

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

See all updates »

What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations

Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations,…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

See all updates »

New Unemployment Obligations for Georgia Employers

Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers…more

Coronavirus/COVID-19, Emergency Rule, Furloughs, Layoffs, State and Local Government

See all updates »

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

Department of Labor (DOL), Employee Handbooks, Employment Discrimination, Fair Labor Standards Act (FLSA), Hiring & Firing

See all updates »

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

See all updates »

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

See all updates »

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow…more

Confidential Information, Employment Contract, Espionage, Florida, Intellectual Property Protection

See all updates »

Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where…more

Coronavirus/COVID-19, Employer Liability Issues, Health & Safety Standard, Infectious Diseases, Inspection Rights

See all updates »

Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

See all updates »

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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The Human Touch of Web Accessibility

Automation is the way of the future . . . or so we thought. Make no mistake, the technology at our fingertips is powerful. As we increasingly rely on it, we lose human interaction and that presents its own risks. Even in the…more

Americans with Disabilities Act (ADA), Automated Systems, Disability Discrimination, Proficiency Testing, Public Accommodation

See all updates »

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, Department of Labor (DOL), Home Health Agencies, Home Health Care, Home Healthcare Workers

See all updates »

Pay Transparency and a Ban on Consideration of Employee Compensation History for Federal Contractors on the 15th Anniversary of the Lilly Ledbetter Fair Pay Act

This January marked the 15th anniversary of the Lilly Ledbetter Fair Pay Act of 2009, providing a good moment for the federal government to propose new rules aimed at increasing gender pay equity in federal contracting and…more

Equal Pay, Fair Pay Act, Federal Contractors, Job Ads, Labor Reform

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Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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 companies 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
150 Harbor Drive, #2760
Sausalito, CA 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
150 Harbor Drive, #2760
Sausalito, CA 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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