On August 3, 2020, the United States Equal Employment Opportunity Commission (EEOC) announced that it will resume issuing charge closure documents. The EEOC had suspended issuing charge closure documents on March 21, 2020...more
On Wednesday, May 20, 2020, Jeff Beemer and I conducted a webinar of the same title as this blog. In that webinar, we discussed the top concerns employers face as they seek to re-open their businesses under the relaxed...more
Evolving developments and news surrounding COVID-19 (the “coronavirus”) has prompted immediate action from employers and businesses worldwide. While many businesses have been forced to temporarily shut down, the ones that...more
President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150...more
For those employers still working on how they will comply with the Families First Coronavirus Response Act (FFCRA), the Department of Labor has issued a number of Q&A guidelines aimed at helping employers administer Emergency...more
In light of the Families First Coronavirus Response Act, H.R. 6201 (FFCRA) passing into law, we put together a top ten list of questions employers have about the FFCRA....more
On March 16, 2020, Michigan’s Governor issued Executive Order 2020-10 (COVID-19). The Michigan Executive Order provides that, effective immediately and through April 14, 2020 at 11:59 pm, Michigan employees will be permitted...more
As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations. ...more
Today’s gaming and hospitality companies are complex businesses and data driven processes and systems that collect significant and various types of customer information to provide unsurpassed customer service. ...more
12/10/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Hospitality Industry ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
The California Consumer Privacy Act Could Be Expensive for the Gaming and Hospitality Industry -
Today’s gaming and hospitality companies are complex businesses with data driven processes and systems that collect...more
12/6/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Gaming ,
Hospitality Industry ,
Personal Information ,
Privacy Laws ,
Sports Betting
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act...more
When healthcare providers are subject to a bad review on Yelp! or similar customer-review websites and apps, it can be difficult to hold back and not provide a response or at least attempt to clarify the situation....more
30 FAQs about the New Rule -
The Department of Labor (“DOL”) unveiled the final version of its overtime exemption rule (the “Rule”), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor...more
At the close of its 2019 legislative session, the California Legislature passed five amendments to the California Consumer Privacy Act (CCPA), which now head to the Governor’s desk for signature by October 13, 2019 to be...more
9/20/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
The patchwork of state employment laws just got a few more patches. On July 12th and August 12th (Senate Bill S6577), Governor Cuomo signed two employment-focused laws that added a number of updates to the New York State...more
9/11/2019
/ Arbitration ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Non-Disclosure Agreement ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
While most U.S. companies have been focused on complying with the California Consumer Protection Act (CCPA), which goes into effect January 1, 2020, Nevada quietly passed its own privacy law, Senate Privacy Bill No. 220 which...more
Individuals who use healthcare apps such as fitness trackers, weight loss, wellness, exercise, etc., BEWARE! A couple of recent developments have highlighted the fact that most apps are not subject to HIPAA, which means that...more
With medical marijuana legal in an ever-growing number of states, many businesses in the cannabis industry, particularly dispensaries, continue to wrestle with the question of whether they are subject to the Health Insurance...more
Telemedicine is a relatively new concept that allows healthcare providers to treat patients via the Internet through varying technology platforms, such as FaceTime or Skype. ...more
Employment law is constantly evolving and changing to keep up with the evolving workforce and work-related issues. For example, in the last year, we have seen a changing landscape focused on gender bias and discrimination...more
For those keeping track, there are number of different (yet somewhat similar) tests agencies and courts use to determine whether a worker is an employee or an independent contractor. ...more
There are three states with biometric privacy laws. Texas, which passed its law in 2009, and Washington, which passed its law in 2017, followed Illinois’ passage of its 2008 law, the Biometric Information Privacy Act (BIPA)...more
Relevant Background Regarding Joint Employer Status -
Joint employer status continues to be a major issue at all levels of the debate, including with the National Labor Relations Board (NLRB) and federal and state courts. ...more
Introduction - The Ohio Data Protection Act comes into effect November 1, 2018. The law is important for business data holders because it grants them a defense if a data breach occurs and the company can prove it had a...more
With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that...more