News & Analysis as of

Wage and Hour Employer Liability Issues

Orrick, Herrington & Sutcliffe LLP

Business Groups Urge U.S. Supreme Court To Review Ninth Circuit Decision Rejecting Use Of Prior Salary To Set Pay

In the wake of the Ninth Circuit’s decision in Rizo v. Yovino, key employer-side groups have expressed support for U.S. Supreme Court review to determine whether employers who rely on prior salary to set starting pay can...more

Littler

Ireland Set to Embrace Shared Parental Leave After False Start in the UK

by Littler on

A bill is making its way through the Oireachtas (the Irish parliament) that would bring shared parental leave to the Republic of Ireland. The Shared Maternity Leave and Benefit Bill would allow parents to split the first 26...more

Jackson Lewis P.C.

Village Of Northbrook Opts Back In To The Cook County Earned Sick Leave Ordinance

by Jackson Lewis P.C. on

Are you tired of the Cook County Earned Sick Leave roller coaster, yet? Last Tuesday, the Village of Northbrook, Illinois, became the most recent Cook County municipality to opt back in to the Cook County Earned Sick Leave...more

Bricker & Eckler LLP

Ohio Minimum Wage To Increase January 1, 2019

by Bricker & Eckler LLP on

Effective Tuesday, January 1, 2019, the minimum wage in Ohio will be $8.55 per hour for non-tipped employees at businesses with gross annual receipts of more than $314,000 per year, an increase from the current threshold of...more

Lewitt Hackman

California Employer Compliance: New Laws Affect Nearly Every Business

by Lewitt Hackman on

The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact, but were...more

Cozen O'Connor

New Illinois Law Puts Money Back in Your Employees’ Wallets

by Cozen O'Connor on

As of January 1, 2019, Illinois will have one of the most expansive employee expense reimbursement laws in the country. ...more

Blank Rome LLP

Update on New Jersey Paid Sick Leave Act

by Blank Rome LLP on

In an earlier post, we provided a preview of the New Jersey Paid Sick Leave Act. The Act goes into effect on October 29, 2018. Last week, the Department of Labor and Workplace Development, the state agency responsible for...more

Foley & Lardner LLP

Are Independent Contractor Classifications Becoming “Safer”? In a Word – No.

by Foley & Lardner LLP on

As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils....more

Littler

Littler Global Guide - United Kingdom - Q3 2018

by Littler on

The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more

Orrick - Global Employment Law Group

Back to School! How to Navigate School-Related Leave for Employees

With school back in session, employees may be asking for time off to go to their children’s school activities. Employers should know that several states and the District of Columbia require or encourage employers to provide...more

Locke Lord LLP

September 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more

BakerHostetler

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

by BakerHostetler on

On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions...more

Jackson Lewis P.C.

Top Labor Law Developments For August And September 2018

by Jackson Lewis P.C. on

President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who...more

Holland & Knight LLP

Illinois Open Meetings Act: No Closed Session Can Discuss Employees as a Class

by Holland & Knight LLP on

• The Illinois Attorney General (the AG) has concluded in a binding opinion that Western Illinois University's Board of Trustees (WIU Board) violated the Illinois Open Meetings Act (OMA) by improperly discussing budget issues...more

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

by Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Faegre Baker Daniels

State & Local Employment Law Developments: Q3 2018

by Faegre Baker Daniels on

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

Varnum LLP

End of Daylight Saving Time: Wage-Hour Implications for Night Shift Workers (Updated)

by Varnum LLP on

Daylight Saving Time will end in most states on Sunday, November 4 at 2 a.m. when we set our clocks back one hour. How does this time change affect nonexempt employees who are working at the time we "fall back"?...more

Fisher Phillips

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?

by Fisher Phillips on

The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

by Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Fox Rothschild LLP

Preemption Defense In FLSA Class Actions: Magic Bullet? Maybe/Maybe Not

by Fox Rothschild LLP on

When hit with a wage hour suit, class action or single, employers are well advised to look for a preemption argument, whether from a union contract (e.g. National Labor Relations Act) or a statutory construct. If the...more

Fisher Phillips

Philadelphia Considers A “Fair Workweek” For 130,000 Employees

by Fisher Phillips on

In June 2018, Philadelphia City Councilmember Helen Gym introduced legislation designed to improve predictability in scheduled shifts for employees in the retail, hospitality, and food services sector – the second largest...more

Epstein Becker & Green

New Jersey Department of Labor Proposes Regulations Implementing Sick and Safe Leave Law

by Epstein Becker & Green on

On September 13, 2018, the New Jersey Department of Labor and Workforce Development (“NJ DOL”) issued proposed regulations to implement the state’s new paid sick and safe leave (“sick leave”) law—P.L. 2018, c. 10 (“Act”). The...more

U.S. Equal Employment Opportunity Commission...

Interim Healthcare of Wyoming Sued by EEOC For Sex-Based Pay Discrimination

Female Nurses Paid Less Than Less Experienced Male Counterpart, Federal Agency Charges - CASPER, Wyo. - Interim Healthcare of Wyoming violated federal law by paying female nurses lower wages than a significantly less...more

Fisher Phillips

Appeasing The 3-Headed Monster For Incentive-Paid Employees

by Fisher Phillips on

Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Family Dollar of Michigan For Disability Discrimination

Retailer Giant Refused to Employ Man Due to His Partial Paralysis, Federal Agency Charges - DETROIT - Family Dollar Stores of Michigan, LLC, a Michigan-based discount retailer which has discount stores throughout the...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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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:

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How We Protect Your Information

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Children's Information

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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
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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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:

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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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