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Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more
Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more
Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more
Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more
In a ruling issued today, the United States Supreme Court held that the family of a nursing home resident could bring a claim against the nursing home under the Federal Nursing Home Reform Act via section 1983. ...more
On July 27, 2021, the United States Court of Appeals for the Seventh Circuit (the "Court" or "7th Circuit") issued a ruling which could dramatically impact litigation involving Indiana skilled nursing facilities (SNFs). In...more
Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more
The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more
In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more
The troubles affecting the federal government’s Paycheck Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not....more
As large portions of society become subject to coronavirus-related quarantines, increasing numbers of people have turned to web-based communications platforms for classes, meetings, events, and socialization. One such...more
In Yokell v. Draper, 2018 U.S. Dist. LEXIS 117427, U.S. Magistrate Judge Jacqueline Scott Corley wrote that "California Code of Civil Procedure section 1029.8 provides a private right of action for persons harmed by...more
In the aftermath of the Illinois Supreme Court’s Rosenbach decision, Illinois employers have faced a wave of class action litigation filed under the Biometric Information Privacy Act (“BIPA”). Employers hoping for relief from...more
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more
Recent U.S. lawsuit against corporations, including major hotel chains, shines the spotlight on the need for anti-human trafficking compliance. U.S. law creates corporate liability for entities, such as hotels, casinos and...more
On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more
In a case of first impression in Nevada, Neville v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), the Nevada Supreme Court held that employees have a private right of action to recoup unpaid wages under...more
This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more
The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses....more
The Supreme Court’s opinion in RJR Nabisco, Inc. v. European Community (decided June 20, 2016) limited the extraterritorial reach of the Racketeering Influence and Corrupt Organizations Act (RICO). Now, a recent case out of...more
Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more
Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more
The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more
The federal Defend Trade Secrets Act ("DTSA"), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016. The DTSA provides trade secret owners an avenue to pursue claims for trade secret misappropriation...more