FordHarrison

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271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States
Phone: 404-888-3800
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • Alabama
  • California
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Ohio
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

Maryland is the Latest State to Pass Paid Family and Medical Leave

Executive Summary: On April 9, 2022, Maryland joined nine other states in providing some form of paid family and medical leave covering private employers. After the Time to Care Act 2022, SB 275, (the “Act”) passed both houses…more

Employer Liability Issues, Family and Medical Leave Act (FMLA), Governor Vetoes, Labor Reform, Maryland

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2024 Business Immigration Update

Executive Summary: Recent reports from the U.S. Department of State (DOS) make clear that American companies need foreign talent more than ever before, and..…more

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

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Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for…more

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

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DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,…more

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Employer Liability Issues

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Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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DIVERSITY IN THE WORKS: Public Accommodation of Service Animals and Emotional Support Animals

Executive Summary: Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public – like…more

Air Carrier Access Act (ACAA), Americans with Disabilities Act (ADA), Disability Discrimination, Diversity, Dog-Friendly Workplace

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Recent Labor Board Developments Focus on Independent Contractors and Joint Employers

The National Labor Relations Board is continuing its rollback of progressive Obama-era decisions under the Trump administration. In recent years, the Board had uprooted several long established standards regarding the…more

Collective Bargaining, Employee Definition, Employer Liability Issues, Gig Economy, Hiring & Firing

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U.S. Supreme Court Allows CMS Vaccine Mandate to Proceed

Earlier yesterday (January 13, 2022), the U.S. Supreme Court ruled that the vaccine mandate applicable to healthcare providers that are Medicare or Medicaid certified may proceed…more

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

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House Revises Coronavirus Leave Bill Before Sending to Senate

As a follow-up to our Legal Alert regarding the Emergency Paid Sick Leave Act and the amendments to the FMLA (the Emergency Family and Medical Leave Expansion Act (E-FMLA)), the House made key revisions to these bills before…more

Coronavirus/COVID-19, Emergency Management Plans, Family and Medical Leave Act (FMLA), Legislative Agendas, Paid Time Off (PTO)

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Airline Alert: New FAA Proposed Rulemaking Regarding Flight Attendant Rest Requirements

On November 2, 2021, the Federal Aviation Administration (FAA) published a Notice of Proposed Rulemaking (NPRM) regarding flight attendant duty period limitations and rest requirements. The NPRM was mandated by the FAA…more

Airlines, Aviation Industry, Comment Period, Federal Aviation Administration (FAA), Flight Crews

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New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement Provisions in Separation Agreements or Settlement Agreements

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law…more

Confidentiality Agreements, Employer Liability Issues, Employment Contract, Labor Reform, New Legislation

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The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor…more

College Athletes, Educational Institutions, Employee Definition, Employee Rights, NCAA

See all updates »

Recent South Carolina Supreme Court Decisions May Increase Legal Risks in Employee Terminations

The South Carolina Supreme Court issued two decisions late in 2021 that may impact employers’ and co-workers’ potential liability in litigation arising from an employee’s discharge…more

At-Will Employment, Breach of Contract, Civil Conspiracy, Covenant of Good Faith and Fair Dealing, Employer Liability Issues

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U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a…more

Affordable Care Act, Americans with Disabilities Act (ADA), Civil Rights Act, Cummings v Premier Rehab Keller PLLC, Disability Discrimination

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CARES Act Attaches Long-Term Strings to Mid-Sized Business Loans

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act providing roughly $2 trillion in economic relief in response to the COVID-19 outbreak…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with…more

Americans with Disabilities Act (ADA), Drug & Alcohol Abuse, Employee Rights, Employees, Employer Liability Issues

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Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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Employers Relax After Tennessee Court Rejects Anxious Employee's Failure to Accommodate Claim

On Tuesday, October 22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) in which it claimed a nursing home failed to accommodate an employee with anxiety…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Alabama Governor's Proclamation Provides Civil Immunities for Businesses

On May 8, 2020, Alabama Governor Kay Ivey issued a proclamation that curtails potential liability of businesses and health care providers resulting from COVID-19 transmissions as well as from the impacts of a business’s or…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Immunity, Professional Liability

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Proposed Biometric Information Regulation May Impact Florida Employers

As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent proposed…more

Arbitration Agreements, Biometric Information, Biometric Information Privacy Act, Collective Bargaining Agreements (CBA), Data Collection

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California Serves Up Another Headache for the Restaurant Industry

Executive Summary: Beginning January 1, 2024, restaurant employers in California will be required to pay their workers for all costs associated with obtaining a food handler card, including treating the time spent obtaining the…more

California, Conditional Job Offers, Employer Liability Issues, Food Service Workers, Hospitality Industry

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California DFEH Offers Free Anti-Sexual Harassment Training Online

By January 1, 2021, California employers with five or more employees must provide at least one hour of interactive training and education regarding sexual harassment prevention to all non-supervisory employees in California…more

#MeToo, Anti-Harassment Policies, Corporate Culture, DFEH, Employee Training

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U.S. Supreme Court Holds that Title VII Requires Employees Establish only "Some Harm" as a Result of Transfer, Rejecting Lower Court Ruling that Harm must be "Significant" to Constitute Discrimination

Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage. That…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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New York State Budget Increases Minimum Wage for Home Care Workers

On April 9, 2022, New York passed a $20 billion, multi-year healthcare investment in the FY 2023 State Budget. According to Governor Kathy Hochul, the budget includes “historic investments that will rebuild the health care…more

Healthcare Workers, Home Healthcare Workers, Labor Reform, Minimum Wage, New Regulations

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Offensive Language and Physical Violence in the Workplace: Was Will Smith Justified in Hitting Chris Rock in the Face?

Television audiences for award shows have been in steep decline for years, but the 2022 Academy Awards received far more media attention after the fact than any other in modern history. This attention was all thanks to an…more

Employees, Employer Liability Issues, Employment Policies, Offensive Language, Workplace Safety

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EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be Investigated for Employment Discrimination Violations

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection…more

Adverse Employment Action, Artificial Intelligence, Civil Rights Act, Disability Discrimination, Disparate Impact

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[Webinar] SECURE 2.0 and Hot Topics in Employee Benefits - April 25th, 1:00 pm - 2:00 pm ET

Join FordHarrison attorneys Tiffany Downs and Rena Felton as they discuss: - the SECURE 2.0 Act mandatory and discretionary provisions, - Plan implications for the end of the COVID-19 National Emergency and the COVID-19…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Benefits, Mental Health, MHPAEA

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Virginia Employment Law Update: Important Changes Effective July 1, 2023

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and…more

#MeToo, Employer Liability Issues, Employment Contract, New Legislation, NLRA

See all updates »

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor…more

College Athletes, Educational Institutions, Employee Definition, Employee Rights, NCAA

See all updates »

FAA's Proposed Rule Would Require Drug and Alcohol Testing in Foreign Countries

Executive Summary: The Federal Aviation Administration (“FAA”) has recently proposed a potentially costly rule requiring repair stations located outside the United States to implement programs for drug and alcohol testing of…more

Aviation Industry, Drug Testing, Employees, Employer Liability Issues, Employment Policies

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New Jersey Issues New Proposed Regulations on the Temporary Workers Bill of Rights for Comment

On July 21, 2023, the New Jersey Department of Labor and Workforce Development posted on its website proposed regulations to implement the New Jersey Temporary Workers Bill of Rights.  Public comments on the proposal will be…more

Comment Period, Corporate Counsel, Employee Rights, Employees, Employer Liability Issues

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OFCCP Soon To Open Portal for Certification of Compliance

Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they have…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Employer Liability Issues, Federal Contractors

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HEADS, I WIN – TAILS, YOU LOSE: The NLRB's Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to Organize Workplaces Quickly With or Without an Election

Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National Labor…more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

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October Brings Employment Law Changes to Maryland

October in Maryland is a time of ripening pumpkins and falling leaves. October 1 is also the date when many (but not all) laws passed by the Maryland General Assembly go into effect…more

#MeToo, Employer Liability Issues, Labor Regulations, Leave of Absence, New Legislation

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The CMS Rule Addressing COVID-19 Vaccination Requirements for Healthcare Workers

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a few…more

Administrative Procedure Act, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

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California Court of Appeals Provides Guidance on State's Requirement to Provide Seating to Employees

Executive Summary: Recently, the California appellate court provided guidance on how employers may comply with the Golden State’s workplace seating requirement. While the court found that the inquiry is fact-intensive and…more

California, Employees, Employer Liability Issues, Employment Litigation, Regulatory Requirements

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Well, That Escalated Quickly

I am still agog at the Antonio Brown situation several days later. For those of you who don’t follow sports or the NFL, the Tampa Bay Buccaneers’ wide receiver (and generational talent) can be combustible. Since building a Hall…more

Americans with Disabilities Act (ADA), Employee Misconduct, Employees, Employer Liability Issues, Employment Policies

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Davis Bacon Regulations Undergo First Comprehensive Overhaul in 40 Years

On August 8, 2023, the U.S. Department of Labor (DOL) issued a Final Rule overhauling the Davis Bacon Act (DBA) regulations governing the prevailing wages for construction workers performing work on federal contracts.  The…more

Construction Project, Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues

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Municipal Liability Under the ADA for Website Inaccessibility

Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible…more

Americans with Disabilities Act (ADA), Disability Discrimination, Information Technology, Municipalities, Public Accommodation

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[Webinar] Lessons Learned from the Trenches of ERISA Litigation - June 21st, 1:00 pm - 2:00 pm EDT

Join FordHarrison attorneys Tiffany Downs and Matt Grabell as they discuss best practices from ERISA Litigation and other strategies for staying out of hot water. Tiffany and Matt will discuss recent lawsuits regarding excessive…more

Best Practices, Continuing Legal Education, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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EntertainHR: Gamehendge – What Phish’s Music Can Teach Employers about Handbooks

Phish fans were in for a very special treat at the band’s recent New Year’s Eve 2023 concert at Madison Square Garden. For the first time in 29 years, the band played its Gamehendge set in full to the delight of its dedicated…more

Employee Handbooks, Employees, Employer Liability Issues, Employment Policies, Policies and Procedures

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Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements

D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete…more

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

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[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on…more

Continuing Legal Education, Hiring & Firing, NLRA, NLRB, NLRB General Counsel

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"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, Department of Labor (DOL), Persuader Rules, Reporting Requirements, Unions

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EEOC Delays 2021 EEO-1 Data Collection Until April 2022

The EEOC recently announced that the 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on Tuesday, April 12, 2022. The EEO-1 Component 1 report is a mandatory data collection that requires all…more

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

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Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions in Noncompete Context

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law…more

Choice-of-Law, Contract Terms, Employees, Employment Contract, GA Supreme Court

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The U.S. Department of Labor’s Proposed White Collar Exemption Changes

Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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The Latest and Greatest New Pay Transparency Laws

These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new “pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing, Job Ads

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Virginia Employment Law Update: Important Changes Effective July 1, 2023

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and…more

#MeToo, Employer Liability Issues, Employment Contract, New Legislation, NLRA

See all updates »

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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New Year, New Standards: Florida Adopts the Federal Summary Judgment Standard

On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of…more

Employment Litigation, Federal Rules of Civil Procedure, FL Supreme Court, Florida, FRCP 56

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DOL's New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption

Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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EntertainHR: Gone Too Soon – Matthew Perry’s Tragic Loss and the Importance of Employee Assistance Programs

Beloved actor Matthew Perry, perhaps most famously known for his iconic role as Chandler Bing on the long-running NBC television sitcom Friends, recently passed away on October 28, 2023, at age 54 in his home in Pacific…more

Employee Assistance Programs, Employee Benefits, Employees, Employment Policies, Mental Health

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The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain…more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Disability Discrimination, Employee Rights, Employer Liability Issues

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Monumental Shift to Florida’s Summary Judgment Standard

Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the more…more

Defense Strategies, Employment Litigation, FL Supreme Court, Florida, Genuine Issue of Material Fact

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EntertainHR: Workplace Investigation Tactics Lead to the ‘Fall of the House of Usher’

Let’s say you’re the CEO of Fortunato Pharmaceuticals, a multi-billion-dollar company that’s been owned and operated by your family for generations. Your kids all lead their own, individual subsidiaries that you funded after…more

Employer Liability Issues, Labor Law Violations, Risk Management, Whistleblowers, Workplace Investigations

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The COVID-19 Conundrum How to Navigate the Competing Federal and Florida COVID-19 Vaccine Laws

Executive Summary: “Damned if you do, damned if you don’t.” This is how many Florida private employers feel right now given the conflicting federal regulations and Florida’s proposed legislation concerning COVID-19 vaccine…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal v State Law Application

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Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes…more

Collective Bargaining, Employee Benefits, Harris v Quinn, Healthcare, SCOTUS

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Implications of Supreme Court's Decision in 303 Creative LLC on First Amendment Rights in the Workplace

Executive Summary: On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis. At issue in the case was a pre-enforcement challenge to Colorado’s public accommodation law, which prohibits…more

303 Creative LLC v Elenis, Anti-Discrimination Policies, First Amendment, Free Speech, Public Accommodation

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California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

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EntertainHR: The Long Night Brings Long Hours – Lessons in Wage and Hour Law from True Detective Season 4

In True Detective: Night Country, showrunner Issa Lopez places viewers directly in the heart of Alaska during the polar night, a period of complete darkness lasting two full months. During this period of perpetual night, leads…more

Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Virginia General Assembly Makes Pro-Employee Changes to State Laws

Executive Summary: The Virginia General Assembly took a number of employee-favorable actions in its 2020 Session and its Reconvened Session in April 2020, which will require employers to revise their employment policies and…more

Anti-Discrimination Policies, Collective Bargaining, Employment Policies, Independent Contractors, Minimum Wage

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FTC Final Rule Bans Most Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several…more

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

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Florida's New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration

Executive Summary: On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and…more

Collective Bargaining, Florida, New Legislation, Public Employees, State Labor Laws

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California Is the First To Bring European-Grade Data Protections To The United States

California has become the first state to introduce privacy protection for individuals’ personal data comparable to that provided under the European Union’s General Data Protection Regulation (GDPR). The California Consumer…more

Cybersecurity, Data Collection, Data Rights, Disclosure Requirements, Governor Brown

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Pregnant Workers Fairness Act - EEOC Proposed Regulations

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) expanding workplace protections for pregnant and nursing employees. The PWFA builds upon existing protections against pregnancy…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Have You Audited Your DEIA Initiatives? If Not, You Should

Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal…more

Affirmative Action, College Admissions, Diversity, Diversity and Inclusion Standards (D&I), Educational Institutions

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California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

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Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Filing Requirements, First Amendment

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Invocation of "The Rule" During Trade Secret Injunction Hearings

The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets at…more

Absolute Privilege, Due Process, Infringement, Misappropriation, Oil & Gas

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Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status Under the Fair Labor Standards Act

Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act (FLSA)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Weapons and the Workplace: What Employers Need to Know about Florida’s New Constitutional Carry Law

Executive Summary - For years, a number of Florida’s elected officials have had their sights set on eliminating the statutory requirement that Florida residents obtain a concealed weapons license (“CWL”) to lawfully carry a…more

Concealed Weapons, Employer Liability Issues, Employer No-Weapons Policies, Employment Policies, Firearms

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Missouri Employers Beware: Employment Protections Under Constitutional Amendment 3

On November 8, 2022, Missouri voters passed Constitutional Amendment 3 (the “Amendment”), which made limited marijuana use lawful in the State of Missouri for persons over the age of 21.  The Amendment took effect December 8,…more

Constitutional Amendment, Decriminalization of Marijuana, Employees, Employer Liability Issues, Employment Policies

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FTC Final Rule Bans Most Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several…more

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

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Welcome to the Holiday Season! Reminders for Hiring Seasonal Employees

Last week, the Wall Street Journal reported that holiday season hiring started as early as June this year. If your company is one of the many that substantially increases its workforce for the holidays, keeping the following…more

Employee Benefits, Employee Training, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his…more

Adverse Employment Action, Diversity, Employee Rights, Employees, Employer Liability Issues

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[Webinar] The Changing Face (and Hair!) of Discrimination and Harassment Claims in Texas - September 20th, 1:00 pm - 2:00 pm CDT

The state of Texas is experiencing some Texas-size changes in discrimination and harassment law, including changes to where claims can be filed, who can sue whom, and what standards are used. Join Houston office managing partner…more

Anti-Discrimination Policies, Anti-Harassment Policies, Continuing Legal Education, Employer Liability Issues, Employment Discrimination

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Illinois' Paid Leave for All Workers Act – Learn Your Rules

Executive Summary: In March 2023, the Illinois Legislature enacted the Paid Leave for All Workers Act (PLAW Act), which becomes effective January 1, 2024. This law requires, with a few exceptions, “an employee who works in…more

Employees, Employer Liability Issues, Illinois, Labor Reform, Paid Leave

See all updates »

Texas Federal Court Stiffs Restaurant Industry on Efforts to Strike Down Department of Labor Regulation on Tip Credit Work

Executive Summary: On July 6, 2023, a federal district court upheld the U.S. Department of Labor’s (DOL’s) regulations on the type and amount of work that tipped employees may perform while being paid the reduced minimum wage…more

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

See all updates »

As Hurricane Ian Approaches, Employers Should Be Prepared for the Employment Law Challenges Storms Cause

Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they…more

Compensation & Benefits, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

See all updates »

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

See all updates »

Students in Clinical Training Program Were Not Employees Under the FLSA

A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical…more

Classification, Employee Rights, Fair Labor Standards Act (FLSA), Full-Time Employees, Students

See all updates »

Lawsuits Against Colleges and Universities for Transitioning from In-Person to Online Classes: The Latest Wave of Covid-19 Litigation

An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience. On June 30, 2020, Steven Bailey filed a federal court class…more

Breach of Contract, Class Action, Colleges, Coronavirus/COVID-19, Distance Learning

See all updates »

USCIS Gears up for the H-1B FY23 Cap Cycle

Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a lottery…more

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

See all updates »

2024 Business Immigration Update

Executive Summary: Recent reports from the U.S. Department of State (DOS) make clear that American companies need foreign talent more than ever before, and..…more

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

See all updates »

Service Animals and the ADA - Part IV

The Americans With Disabilities Act (ADA) requires covered entities to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. Many individuals with…more

Americans with Disabilities Act (ADA), Disability Discrimination, Dog-Friendly Workplace, Employer Liability Issues, Employment Policies

See all updates »

Navigating Employee Leave Laws: A Comparative Guide for Employers in Illinois, Chicago, and Cook County

Executive Summary: In January 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (PLAW Act). The PLAW Act specifically exempted the City of Chicago and certain municipalities in Cook County because they…more

City of Chicago, Employee Benefits, Employees, Employer Liability Issues, Illinois

See all updates »

FTC Final Rule Bans Most Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several…more

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

See all updates »

DOL's New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption

Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

New California DFEH App Regarding Baby Bonding and Pregnancy-Related Disability Leave

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) issued a press release introducing the new app it developed in partnership with technology company Neota Logic and students from the University…more

California Family Rights Act (CFRA), DFEH, Employer Liability Issues, Mobile Apps, New Legislation

See all updates »

New California Employment Laws for 2023

Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees’ leave care rights;…more

California, California Family Rights Act (CFRA), California Privacy Rights Act (CPRA), Employees, Employer Liability Issues

See all updates »

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of…more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment, Florida

See all updates »

EntertainHR: Can Employers Do That? The Limits of Free Speech

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in the…more

Actors, Celebrities, Employee Rights, Employees, Employment Policies

See all updates »

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of…more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment, Florida

See all updates »

EntertainHR: How Employers Can Avoid a ‘Technical Foul’ When Faced with Union Organizing

With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young,…more

Educational Institutions, Employees, NLRA, NLRB, Student Athletes

See all updates »

Nashville Mayor Issue Stay at Home Order; Tennessee Governor Orders Closure of All Dine-In Restaurants, Bars and Workout Facilities – Both Effective Midnight March 22, 2020

In an effort to reduce the spread of COVID-19 and protect the health care system from being overwhelmed, Nashville, Tennessee Mayor John Cooper has announced a “Safer at Home” Order, closing all nonessential businesses and…more

Business Closures, Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Lee

See all updates »

Florida's New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration

Executive Summary: On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and…more

Collective Bargaining, Florida, New Legislation, Public Employees, State Labor Laws

See all updates »

Florida Business Required to Report Independent Contractors Effective October 1

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for business…more

Employee Definition, Employer Liability Issues, Florida, Freelance Workers, Gig Economy

See all updates »

U.S. Supreme Court Decision Could Make it Harder for Employers to Defend Whistleblower Claims

Executive Summary: The U.S. Supreme Court recently held that a whistleblower under the Sarbanes Oxley Act of 2002 (SOX) is not required to prove the employer acted with retaliatory intent to prevail on a whistleblower claim. See…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

See all updates »

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

See all updates »

OSHA's COVID-19 National Emphasis Program and Enforcement Response Plan – Targeted Inspections to Begin by March 26, 2021

On January 21, 2021, President Biden signed an executive order directing the Department of Labor’s launch of a national program to focus OSHA enforcement efforts related to COVID-19 on hazardous conditions that put the largest…more

Employer Liability Issues, Essential Workers, Health & Safety Standard, Inspection Rights, Occupational Exposure

See all updates »

FTC Final Rule Bans Most Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several…more

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

See all updates »

OFCCP Soon To Open Portal for Certification of Compliance

Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they have…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Employer Liability Issues, Federal Contractors

See all updates »

Resource Update: Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims

Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman…more

Class Action, Collective Actions, Employee Rights, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor…more

College Athletes, Educational Institutions, Employee Definition, Employee Rights, NCAA

See all updates »

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union…more

Biden Administration, Collective Bargaining, Employee Rights, Employer Rights, Free Speech

See all updates »

OSHA's New Reporting Requirement Goes Into Effect in 2024

Executive Summary: Beginning in January 2024, employers in certain high-hazard industries will be required to submit detailed information regarding recordable workplace injuries and illnesses using OSHA’s new filing system…more

Corporate Counsel, Data Management, Employees, Employer Liability Issues, New Regulations

See all updates »

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement Provisions in Severance Agreements

Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National…more

Confidentiality Agreements, Contract Terms, Employer Liability Issues, Guidance Update, NLRA

See all updates »

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of…more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment, Florida

See all updates »

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

See all updates »

New Florida Law Shortens Time for Filing Certain Discrimination Claims

Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a…more

Administrative Law Judge (ALJ), Administrative Remedies, Adverse Action Report, Anti-Discrimination Policies, Claims Limitations Period

See all updates »

EntertainHR: Leah’s Lawsuit: “Sober Curiosity” and its Impact on Workplace Culture

Whether you’ve noticed it through the media or in your own circle of friends, it’s no secret that the consumption of alcohol has been losing its popularity, and the idea of being sober or “sober curious” is trendy. Of course, by…more

Corporate Culture, Corporate Governance, Disability Discrimination, Drug & Alcohol Abuse, Employees

See all updates »

[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Continuing Legal Education, Employer Liability Issues, Employment Policies

See all updates »

U.S. Supreme Court Holds that Title VII Requires Employees Establish only "Some Harm" as a Result of Transfer, Rejecting Lower Court Ruling that Harm must be "Significant" to Constitute Discrimination

Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage. That…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

See all updates »

New California Employment Developments for 2024

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises cannabis…more

California, Employee Benefits, Employees, Employer Liability Issues, Food Service Workers

See all updates »

New York Lawmakers Propose Banning Noncompete Agreements

Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

See all updates »

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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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