News & Analysis as of

Notice Requirements

Tenth Circuit Upholds DOL’s Authority to Impose New Conditions for PTEs and Leaves Door Open for Changes to Fiduciary Rule

The Tenth Circuit recently affirmed the Department of Labor’s authority to impose new conditions for exemption from prohibited transaction rules with respect to the sale of annuity contracts. The case related to the...more

Collection of Biometric Data Raises Privacy Concerns for Employees and Compliance Issues for Employers

by Fisher Phillips on

Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of...more

New ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

by Holland & Knight LLP on

• Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits. • The...more

GDPR's Most Frequently Asked Questions: Do Companies Always Have To Provide a Privacy Notice If They Collect Information About...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements, Part II

What would companies need to do to comply with the law? The Stop Hacks and Improve Electronic Data Security (SHIELD) Act imposes requirements in two areas: cybersecurity and data breach notification. The cybersecurity...more

Missouri cases as to borrower notices

by Thompson Coburn LLP on

Consumer lenders should review their right-to-cure, pre-sale, and post-sale notices to borrowers in light of recent Missouri decisions. Missouri statutes, like statutes in many other states, govern right-to-cure, pre-sale,...more

New York Court of Appeals Decision Requires Needless Notice of Individual Settlements in Putative Class Actions

Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification...more

Registered Firms: Annual Compliance Obligations—What You Need To Know

This alert contains a summary of the primary annual and periodic compliance-related obligations that may apply to investment advisers registered with the Securities and Exchange Commission (the “SEC”) or with a particular...more

Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?

As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few...more

GDPR Compliance: 10 Tips for Employers

by Dechert LLP on

An immense volume of personal data (or personally identifiable information) is proliferating and flowing throughout the world. Personal data is an incredibly valuable asset to companies but data protection and privacy laws...more

Electronic Delivery of Arbitration Agreements: Make Sure You Have Proof of Assent

Craig Schmell was a Senior Vice President with Morgan Stanley in Red Bank, New Jersey, until his termination of employment in October 2017. Schmell filed a federal lawsuit claiming his firing constituted discrimination based...more

Federal Government Challenges California’s “Sanctuary State” Status

Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed...more

The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450

by Fisher Phillips on

The ever-escalating dispute between the Trump Administration and the State of California over immigration policy is starting to resemble a Shakespearean drama. U.S. Attorney General Jeff Sessions, speaking at an appearance...more

FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws

by Fisher Phillips on

Recently, the California Fair Employment and Housing Council (FEHC) proposed new draft regulations to implement provisions of two key employment statutes enacted last year. Last year, Governor Brown signed Assembly Bill...more

FDA Releases Draft Guidances to Enhance Drug Supply Chain Security

by White and Williams LLP on

On March 1, 2018, the U.S. Food and Drug Administration (FDA) issued two new draft guidances which further the FDA’s implementation of the Drug Supply Chain Security Act (DSCSA). The DSCSA amended the Federal Food, Drug, and...more

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Miscellaneous Employment Law Developments

A. California WARN Act - 1. Layoffs Of Any Length Require Compliance with Cal-WARN - In The Internat. Brotherhood of Boilermakers etc. v. NASSCO etc., 17 Cal. App. 5th 1105 (Nov. 30, 2017), the employer notified 90...more

Your Comprehensive Guide to 2018 Proposed California Legislation

by Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Michigan Amends Provisions Regarding Foreclosure by Advertisement

by Weiner Brodsky Kider PC on

The state of Michigan recently enacted House Bill No. 4470 that amends the provisions of Michigan statutes relating to foreclosure by advertisement, specifically MCLS §§ 600.3204 and 600.5807....more

New Template Makes It Easier for Employers to Provide Notice Under California's Immigrant Worker Protection Act

by FordHarrison on

In a development welcomed by employers state-wide, the California Labor Commissioners Office released a template notice form for California’s recently enacted Immigrant Worker Protection Act well in advance of the July 1,...more

California as a Sanctuary State: Restrictions on Employers’ Compliance with Federal Immigration Actions

by Foley & Lardner LLP on

In October 2017, California passed the widely publicized Senate Bill 54, the unofficial “sanctuary state” bill, which bars state and local law enforcement agencies from asking people about their immigration status. Another...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

What Employers Need to Know About the Austin, TX Paid Sick & Safe Leave Ordinance

by Nilan Johnson Lewis PA on

In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although...more

South Carolina Insurance Department Amends Privacy Regulations

by Weiner Brodsky Kider PC on

The South Carolina Department of Insurance recently amended its Privacy of Consumer Financial and Health Information provisions (Regulation 69-58) to eliminate the annual privacy notice requirements for financial institutions...more

Employment Law Reporter February 2018: California Pushes Back Against Federal Immigration Agenda with AB 450

by Ervin Cohen & Jessup LLP on

On January 1, 2018, California’s new Immigrant Worker Protection Act, Assembly Bill 450, became effective. The law prohibits both public and private employers from providing voluntary consent to workplace raids by immigration...more

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