Author Info for Constangy, Brooks, Smith & Prophete, LLP

Suzie Allen

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity…more

Anti-Retaliation Provisions, Bias, Breach Notification Rule, Chief Information Security Officer (CISO), Cybersecurity

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Barbara Antonucci

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he sells…more

California, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salaried Employees

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John Babione

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the…more

CIPA, Class Action, Data Collection, Data Privacy, Data Security

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M. Elysia Baker Analo

Managing Employee Leave Under the FMLA and ADA

Managing employee leave rights under the Family and Medical Leave Act and the Americans with Disabilities Act often leads to confusion and is fraught with legal pitfalls. Join Constangy attorneys Elysia Analo and Sarah Phaff for…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Family and Medical Leave Act (FMLA), FMLA Abuse, Reasonable Accommodation

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Daniel Ball

H-1B Navigators: Preparing for Cap, Registration, and Travel Amid Potential Election-Driven Changes

In this timely webinar, Constangy attorneys Justin Coffey, Barbara Kihumba, and Daniel Ball break down the complexities of the H-1B cap and registration process into five essential steps every employer needs to know. With…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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Laura Balson

New year, new amendments to the Illinois Equal Pay Act

Beginning January 1, important amendments to the Illinois Equal Pay Act will go into effect. Established in 2003, the Act aims to eliminate gender-based discrimination and ensure that employees are compensated equally for the…more

Compensation & Benefits, Corporate Counsel, Documentation, Employment Discrimination, Equal Pay Act

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Timothy Barbetta

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not expressly…more

Appellate Courts, Class Action, Damages, New York, Payroll Periods

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Nestor Barrero

Constangy Webinar - Marijuana in the Workplace: Guiding Employers Through the Cannabis Maze

Join Constangy partners Keya Denner, Ashley Orler and Nestor Barrero as they review current cannabis laws and workplace protections, discuss changes to cannabis laws on the horizon, including the California Fair Employment and…more

Cannabis Products, Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana

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Matthew Basilotto

Constangy Clips Ep. 10 - 3 Ways the GDPR Is Evolving with Today’s Tech Landscape

In recognition of the GDPR's 7th anniversary on May 25, 2025, Constangy Cyber Team member Matthew Basilotto explores how the European Union’s General Data Protection Regulation (GDPR) continues to adapt in the face of emerging…more

Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Bert Bender

Are you in the know? New York amends data breach law

On December 24, New York Gov. Kathy Hochul (D) signed into law an amendment to section 899-aa of the N.Y. General Business Law, also known as The Shield Act, modifying the law’s data breach notification requirements…more

Consumer Protection Laws, Data Breach, Data Privacy, Data Protection, Data Security

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K. Maxwell Bernas

Constangy Clips Ep. 4 - 3 Things that Keep your Labor and Employment Lawyer Up at Night

This Halloween, it’s not monsters under the bed that spook labor and employment lawyers—it’s the avoidable mistakes some employers make! In this episode of Constangy Clips, attorney Max Bernas shares three haunting practices…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Law Violations, NLRA

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William Blue Jr.

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The decision…more

At-Will Employment, Constitutional Challenges, Employee Rights, Employment Litigation, Fair Labor Standards Act (FLSA)

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Penni Bradshaw

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and Homeland…more

Executive Orders, Foreign Workers, H-1B, Lottery, Trump Administration

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Ansley Bryan

You’ve been hit with ransomware. Think twice before you pay.

You've been hit by a ransomware attack, and a cybercriminal group is demanding a cryptocurrency payment in exchange for your data's safe return. Should you pay? Deciding whether to pay a ransom is an internal business decision…more

Cryptocurrency, Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Obasi Bryant

Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires

Summer hiring is in full swing! In this episode of Constangy Clips, Constangy attorney Obasi Bryant shares essential legal tips for managing seasonal workers, including high school and college interns. From child labor laws to…more

Child Labor, Diversity and Inclusion Standards (D&I), Employer Responsibilities, Employment Policies, Fair Labor Standards Act (FLSA)

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Anjanette Cabrera

Are you ready? NYC Salary Transparency Law takes effect November 1

As we previously wrote here and here, New York City recently passed a law requiring employers to include the minimum and maximum salary, or wage range, in job postings. The law goes into effect on November 1…more

Disclosure Requirements, Job Ads, Job Applicants, New York, Pay Transparency

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Kenneth Carlson Jr.

Noncompete Agreements - Traps for the Unwary: Part 2

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join…more

Blue Pencil Contract Modification, Employment Contract, Former Employee, Hiring & Firing, Non-Compete Agreements

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Jason Cherry

Texas enacts new data privacy rules focused on protection of minors

As a former Special Agent for the Federal Bureau of Investigation who investigated cybercrimes involving children, I know from experience that the topic of increasing online protections for minors provoked intense debates among…more

Cyber Crimes, Cybersecurity, Digital Service Providers, FBI, Minors

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Justin Coffey

DHS provides info on re-verifying employees whose EADs are revoked

As we have previously reported, the U.S. Department of Homeland Security is revoking employment authorization documents for certain individuals affected by the termination of humanitarian parole, including beneficiaries of the…more

Department of Homeland Security (DHS), E-Verify, Employees, Employer Responsibilities, Employment Authorization Documents (EAD)

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James Coleman

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity…more

Anti-Retaliation Provisions, Bias, Breach Notification Rule, Chief Information Security Officer (CISO), Cybersecurity

See all updates »

Claire Cronin

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

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Cara Yates Crotty

OFCCP invites contractors to disclose efforts to wrap up EO 11246 compliance

File under “thanks, but no thanks.” In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound…more

Affirmative Action, Disclosure Requirements, Disparate Treatment, Employment Discrimination, Enforcement

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Timothy Davis

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The decision…more

Administrative Law Judge (ALJ), Cemex, Collective Bargaining, Employees, Employer Liability Issues

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Keya Denner

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

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Christopher Deubert

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for retaliation…more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Employment Discrimination, Employment Litigation

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John Doyle

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

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Maria Efaplomatidis

#StopRansomware in its tracks

The national impact of ransomware is expanding. Following a dip in the recorded number of ransomware attacks for 2022, there have been multiple nationwide events with devastating effect in 2023. Given the damage across private…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Protection

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Andrew Eisenberg

The COVID-19 Pandemic May Spur Union Organizing And Complicate Union Relations: Part Two

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Union Organizers, Unions

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Rebecca Eng

What personal data are you unknowingly hoarding?

With the number of data breaches increasing each year, it’s becoming more important to know what personal data you have and where you have it. On personal or even work devices, you may be surprised at how much of your data is…more

Cybersecurity, Data Breach, Data Collection, Data Management, Data Privacy

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Jeffrey Fields

CA Agency Guidance Addresses Employer-Mandated COVID Vaccinations

May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes. On March 4, the DFEH issued…more

Americans with Disabilities Act (ADA), California, Coronavirus/COVID-19, DFEH, Documentation

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Colin Finnegan

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. …more

Ames v Ohio Department of Youth Services, Appeals, Bias, Civil Rights Act, Discrimination

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Sebastian Fischer

CISA issues proposed regs on cyber incident reporting

Yesterday, March 27, the U.S. Cybersecurity and Infrastructure Security Agency published the Notice of Proposed Rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022. It is important to note that…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity

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Jason Friedman

Paid $270,400 per year and still owed overtime? Another court says yes.

On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed…more

Appeals, Corporate Counsel, Employment Litigation, Employment Policies, Exempt-Employees

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Laura Funk

Amendments would beef up Canada’s proposed Digital Charter Implementation Act

Amendments have recently been proposed to two of the three statutes to be enacted under Canada’s Bill C-27: The Digital Charter Implementation Act. The statutes that may be amended are the Consumer Privacy Protection Act and the…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Canada, Consumer Protection Act, DATA Act

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Lauren Godfrey

Warning: Cyber criminals are coming for your client’s retirement information

As cyberattacks and cybercriminals are becoming increasingly sophisticated, safeguarding employee benefit plans, including health and welfare plans, is crucial. The Employee Benefits Security Administration of the U.S…more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Department of Labor (DOL)

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Amir Goodarzi

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

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Taren Greenidge

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable, but…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Cybersecurity, Employer Liability Issues

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Seth Greenwald

Oregon Attorney General issues AI Guidance for businesses

In a significant move to regulate the growing impact of artificial intelligence, Oregon lawmakers recently passed Senate Bill 1571, requiring campaigns to disclose when they use AI to manipulate audio or video images, including…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Data Breach, Data Privacy

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W. Melvin Haas, III

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

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Chasity Henry

Liability Beyond Borders: Court expands scope of California privacy litigation

The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being…more

Appeals, California, CIPA, Class Action, Consumer Privacy Rights

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Julie Hess

No Child’s Play: States expand child protection online (Part II)

Last week, we discussed action taken by three states, Texas, California, and Ohio, to enhance protection of children’s data online. In this second installment, we shift our attention to address the 2023 legislative efforts of…more

Data Privacy, Data Protection, Data Security, Online Platforms, Online Privacy Protection Act

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Sean Hoar

Cryptocurrency hacks and thefts: Insecure exchanges?

Cryptocurrency exchanges continue to be a target of hackers – and theft is the prize. On February 21, the cryptocurrency exchange Bybit reported that an Ethereum transaction was transferred to an unidentified address, resulting…more

Blockchain, Cryptocurrency, Cybersecurity, Data Breach, Data Security

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Christine Hogan

AI on the Job: How to Stay Ahead of Employment and Data Privacy Risks

AI is transforming the workplace—but regulation is racing to catch up. Organizations must now juggle complex risks at the intersection of hiring, workplace decision-making, employment law, and data privacy. Are you ready? Join…more

Artificial Intelligence, Data Privacy, Data Protection, Employment Policies, Risk Management

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Aarika Johnson

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods…more

Arbitrary and Capricious, Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Jackie Johnson

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods…more

Arbitrary and Capricious, Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Steven Katz

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

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Ellen Kearns

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week…more

Appeals, Class Action, Clear and Convincing Evidence, Collective Actions, Department of Labor (DOL)

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Barbara Kihumba

Work Authorization in Transition: TPS, parole updates for Venezuela, Haiti, Nicaragua, and CHNV

The U.S. Supreme Court recently lifted a federal court injunction that had temporarily blocked the U.S. Department of Homeland Security from terminating the CHNV Humanitarian Parole Program, which allowed qualifying nationals of…more

Appeals, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers

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Cory King

Appeals court shuts down CA’s efforts to ban mandatory arbitration for employees

The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration…more

Appellate Courts, Arbitration Agreements, California, Federal Arbitration Act, Mandatory Arbitration

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F. Damon Kitchen

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

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Maureen Knight

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements of…more

Chevron Deference, Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA)

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David Korsen

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

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Dean Kpere-Daibo

Navigating the Future of Intercollegiate Athletics: Implications of the Dartmouth College Student-Athlete Labor Decision

In a groundbreaking decision on February 5, the Regional Director for Region 01 of the National Labor Relations Board ruled that the men’s basketball student-athletes for Dartmouth College are to be considered employees under…more

College Athletes, Colleges, NLRB, Student Athletes, Unions

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David Kurtz

End-of-summer road travel through state noncompete laws—It’s trippy!

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers) to…more

Employment Contract, Low-Wage Workers, Non-Compete Agreements, Non-Solicitation Agreements, Notice Requirements

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Jennifer Lee

Liability Beyond Borders: Court expands scope of California privacy litigation

The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being…more

Appeals, California, CIPA, Class Action, Consumer Privacy Rights

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Lara de Leon

California employers, it’s not too late to get on track for 2023

It’s never dull moment in California. If you have gone astray with tackling your list of 2023 priorities, we will help you get back on track. Below are some key (but certainly not all!) compliance areas that employers with…more

Arbitration Agreements, California, California Consumer Privacy Act (CCPA), Pay Transparency, Private Attorneys General Act (PAGA)

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Kelsey Link

Regular Rate Must Be Paid For Missed Meal-Rest Periods, CA Supreme Court Says

Not the best news for employers. The California Supreme Court has issued a decision changing the way employers must compensate employees for missed meal and rest breaks under state law. In Ferra v. Loews Hollywood Hotel,…more

Bonuses, CA Supreme Court, Compensation, Employer Liability Issues, Rate of Pay

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Sabrina Punia-Ly

Mark your calendars! California’s new minimum wage for health care workers takes effect Wednesday

The day that most health care facilities and health care workers have been waiting for—although for different reasons—is finally here. The increase in the minimum wage for covered health care workers will go into effect October…more

California, Healthcare Facilities, Healthcare Workers, Minimum Wage, State Labor Laws

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Angelique Groza Lyons

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

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John MacDonald

“Re-do” bill would fundamentally change New York non-compete law

Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However, the…more

Employee Rights, Employer Liability Issues, Employment Contract, Financial Services Industry, Healthcare

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Joanna MacMillan

Decoding Discrimination Laws: What Employers Need to Know

Join Constangy attorneys Joyce Dos Santos and Joanna MacMillan for an insightful webinar as we delve into the complex landscape of workplace discrimination laws and provide essential guidance for employers. In today's diverse…more

Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Employment Policies

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Donna Maddux

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

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Arcelia Magaña

San Diego County Fair Chance Ordinance is now in effect

Employer obligations continue to be added in CA! San Diego County enacted the Fair Chance Ordinance for the unincorporated areas of San Diego County,aimed at increasing employment opportunities for individuals with criminal…more

Criminal Convictions, Employee Training, Fair Chance Act, Job Ads, Labor Standards Enforcement

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M. Brian Magargle

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

Affordable Care Act, Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), GINA, Health Insurance Portability and Accountability Act (HIPAA)

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Michael Malfitano

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

Americans with Disabilities Act (ADA), Business Travel, Centers for Disease Control and Prevention (CDC), OSHA, Popular

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Rayner Mangum

Colorado’s New Equal Pay Law Will Take Effect January 1. Are You Ready?

The Colorado Equal Pay for Equal Work Act, and the Equal Pay Transparency Rules issued by the state Department of Labor and Employment, will both take effect on January 1. Equal pay provisions- The Equal Pay for Equal Work…more

Colorado, Department of Labor (DOL), Employer Liability Issues, Equal Pay, Job Promotions

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W. Jonathan Martin, II

FMCSA Clearinghouse Is Open: Are You Ready?

The Federal Motor Carrier Safety Administration drug and alcohol Clearinghouse opened for registration on Saturday, and the database will go live on January 6. According to the FMCSA, “The Clearinghouse is a secure online…more

Commercial Truck Drivers, FMCSA, Motor Carriers, Substance Abuse

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Ryli McDonald

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back…more

AI Act, Algorithms, Anti-Discrimination Policies, Artificial Intelligence, California Privacy Protection Agency (CPPA)

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Darrick McDuffie

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

See all updates »

Kelly McGrath

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines substantial…more

Corporate Counsel, Customs and Border Protection, Documentation, Foreign Nationals, Foreign Workers

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Bill McMahon

Part 2: Cybersecurity and the Role of Management

Cybersecurity has long been viewed as a “tech” issue that only concerns a company’s IT department. Not anymore! In this episode, Ron Sarian, Chair of Constangy's Digital Workplace & Data Privacy Practice Group, shares his unique…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Human Resources Professionals

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David McMillan

NY-licensed financial services companies must harden incident response plans, improve breach readiness by November 1

New York’s Cybersecurity Regulation continues its phased roll-out on November 1, when licensed financial services companies face a host of new requirements aimed at bolstering breach readiness and improving their ability to…more

Breach Notification Rule, Cyber Crimes, Cybersecurity, Data Breach, Encryption

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Michelle Meek

San Diego County Fair Chance Ordinance is now in effect

Employer obligations continue to be added in CA! San Diego County enacted the Fair Chance Ordinance for the unincorporated areas of San Diego County,aimed at increasing employment opportunities for individuals with criminal…more

Criminal Convictions, Employee Training, Fair Chance Act, Job Ads, Labor Standards Enforcement

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Natalie Torbati Meinhardt

New Law Gives Recall Priority To Workers Laid Off Because Of COVID

SB 93 applies to employers in the hospitality, event, airport and other service industries. When the COVID-19 pandemic hit, it hit hard. Economic activity in California nearly came to a halt, and many employers had no…more

Airports, Anti-Retaliation Provisions, Business Interruption, Coronavirus/COVID-19, DLSE

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Regina Musolino

PAGA reform is coming – employers, prepare now!

In a major development for employers who do business there, California has passed legislation to reform its Private Attorneys General Act as part of a deal that will lead to the withdrawal of a November 2024 ballot initiative…more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Reform

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Brooke Nixon

Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules

Unlock the secrets to seamless compliance in our exclusive webinar, where we dissect the intricate details of the Pregnant Workers Fairness Act (PWFA) and the Independent Contractor Rules. With significant regulatory changes…more

Employer Liability Issues, Independent Contractors, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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Victoria Okraszewski

Warning: Cyber criminals are coming for your client’s retirement information

As cyberattacks and cybercriminals are becoming increasingly sophisticated, safeguarding employee benefit plans, including health and welfare plans, is crucial. The Employee Benefits Security Administration of the U.S…more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Department of Labor (DOL)

See all updates »

Ashley Orler

AI on the Job: How to Stay Ahead of Employment and Data Privacy Risks

AI is transforming the workplace—but regulation is racing to catch up. Organizations must now juggle complex risks at the intersection of hiring, workplace decision-making, employment law, and data privacy. Are you ready? Join…more

Artificial Intelligence, Data Privacy, Data Protection, Employment Policies, Risk Management

See all updates »

Jonathan Persky

Judge temporarily blocks FTC noncompete ban on limited basis

A federal judge in Texas has issued a preliminary injunction against a Final Rule issued by the Federal Trade Commission that would ban virtually all noncompetition agreements between employers and employees. The judge said…more

Chamber of Commerce, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Irreparable Harm

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Alyssa Peters

Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal…more

Affirmative Action, Colleges, Department of Justice (DOJ), Federal Contractors, Harvard University

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Sarah Phaff

Managing Employee Leave Under the FMLA and ADA

Managing employee leave rights under the Family and Medical Leave Act and the Americans with Disabilities Act often leads to confusion and is fraught with legal pitfalls. Join Constangy attorneys Elysia Analo and Sarah Phaff for…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Family and Medical Leave Act (FMLA), FMLA Abuse, Reasonable Accommodation

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Jeanette Phelan

USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will be…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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David Phippen

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were…more

Administrative Law Judge (ALJ), Appeals, Article II, Constitutional Challenges, Employment Litigation

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Danielle Pierre

New Jersey adopts pay transparency law

The New Jersey Pay and Benefit Transparency Act is the latest U.S. pay transparency law. As of this month, covered employers must disclose pay, benefits and other compensation programs in external job postings and for internal…more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Responsibilities, Job Ads

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Rodrigo Pocasangre

Holiday Headaches: Avoiding Legal Risks with PTO, Overtime, and Workplace Festivities

During the holiday season, employers face heightened legal risks related to employee time off, overtime, and seasonal celebrations. Join Constangy attorneys Kristine Sims and Rodrigo Pocasangre as they share their insights on…more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, Over-Time, Paid Leave

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William Principe

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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Donald Prophete

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, FOIA, OFCCP

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Eric Proser

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

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Angela Rapko

Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Gender Identity, Title VII, Transgender

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Punam Singh Rogers

Work Authorization in Transition: TPS, parole updates for Venezuela, Haiti, Nicaragua, and CHNV

The U.S. Supreme Court recently lifted a federal court injunction that had temporarily blocked the U.S. Department of Homeland Security from terminating the CHNV Humanitarian Parole Program, which allowed qualifying nationals of…more

Appeals, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers

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Todd Rowe

After 16 years, BIPA is amended to limit potential damages for violations

Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information Privacy…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, E-Signatures

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Benjamin Rowley

The feds may be backing down on LGBTQ protections, but should employers?

Don't overreact. (Or underreact.) This June, as corporations continue to roll back public support and funding for diversity, equity, and inclusion initiatives, it is important for employers to be familiar with the current…more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, California, Employee Rights, Employer Responsibilities

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Rachael Rustmann

DOL reinstates Trump’s standard on independent contractors under FLSA

In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was in…more

Department of Labor (DOL), Employee Definition, Enforcement Actions, Fair Labor Standards Act (FLSA), Final Rules

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Paul Ryan

Recent Audit Reveals The DOL's Distribution Initiative

We recently witnessed the DOL's 401K audit priorities first hand. In auditing 401K plans, the U.S. Department of Labor previously focused on determining how quickly employers could deposit employee deferral contributions…more

401k, Audits, Department of Labor (DOL), Employee Benefits, Individual Retirement Account (IRA)

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Melissa Sachs

Oregon Attorney General issues AI Guidance for businesses

In a significant move to regulate the growing impact of artificial intelligence, Oregon lawmakers recently passed Senate Bill 1571, requiring campaigns to disclose when they use AI to manipulate audio or video images, including…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Data Breach, Data Privacy

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Piyumi Samaratunga

Demystifying Immigration Law

Immigration Law has a reputation for being something only multinational companies are concerned with, but is that true? How can companies use immigration law to identify the best talent for their organizations? Join host Bill…more

Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Green Cards, Hiring & Firing

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Joyce Dos Santos

Three PTO Policy Tips to Give Employers a Breezier Summer

We’re already halfway through the summer, and employees who haven’t done so are closing their laptops and heading to the shore to soak up some well-deserved vacation sun. Paid Time Off can be a fantastic tool for employee…more

Employee Benefits, Employees, Employer Responsibilities, Employment Policies, Paid Leave

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Scott Satkin

States form Consortium of Privacy Regulators to cooperate on enforcement

On April 16, attorneys general from seven states and a state agency announced that they were forming the Consortium of Privacy Regulators, a new effort to better protect consumers’ privacy. The Consortium consists of the…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Brokers, Data Privacy

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Allen Sattler

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or…more

Class Action, Cybersecurity, Damages, Data Breach, Data Privacy

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Matthew Scholl

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

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Brent Sedge

Standing survives, but claims fail

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States…more

Article III, Breach of Contract, Class Action, Data Breach, Fiduciary Duty

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Kimberly Seten

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

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Robin Shea

Social media tip for employers: SHUT UP!

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not being…more

CEOs, Defamation, Employee Rights, Employer Responsibilities, Employment Discrimination

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Frank Shuster

Employee pirates can plunder a business. Arrrgh ye ready?

Piracy is defined as robbery by ship- or boat-borne attackers upon another ship or a coastal area, with a goal of stealing cargo or other valuables. During the Golden Age of Piracy, from the 1680s to the 1720s, infamous pirates…more

Breach of Contract, Confidential Information, Employee Misconduct, Employment Contract, Employment Litigation

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Carolyn Sieve

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

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Salvador Simao

2024 Employer's Guide to State Voting Leave Requirements

Election Day is fast approaching, and ensuring your employees understand their voting leave rights is crucial. The newly updated Employer's Guide to State Voting Leave Requirements is now available to help you navigate this…more

General Elections, Paid Leave, Presidential Elections, State Elections, Voting Leave

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Stephen Simko Jr.

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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Kristine Marie Sims

Holiday Headaches: Avoiding Legal Risks with PTO, Overtime, and Workplace Festivities

During the holiday season, employers face heightened legal risks related to employee time off, overtime, and seasonal celebrations. Join Constangy attorneys Kristine Sims and Rodrigo Pocasangre as they share their insights on…more

Compensation & Benefits, Employee Benefits, Employer Liability Issues, Over-Time, Paid Leave

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David Smith

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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Elizabeth Smith

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the…more

Beneficiaries, Department of Homeland Security (DHS), Foreign Workers, H-1B, Immigrants

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Thomas Song

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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David Steffen

Florida Expands Requirement For Reporting New Hires, Independent Contractors To Department Of Revenue

In an effort to increase child support payment collections, recent amendments to Florida’s family laws directly affect employers and businesses in the state. These amendments took effect October 1. Historically, Florida…more

Child Support, Department of Labor (DOL), Department of Revenue, Florida, Independent Contractors

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Ryan Steidl

AI on the Job: How to Stay Ahead of Employment and Data Privacy Risks

AI is transforming the workplace—but regulation is racing to catch up. Organizations must now juggle complex risks at the intersection of hiring, workplace decision-making, employment law, and data privacy. Are you ready? Join…more

Artificial Intelligence, Data Privacy, Data Protection, Employment Policies, Risk Management

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Jill Stricklin

Paid Sick Leave Under The FFCRA: What Does It Mean To Be Unable To Work Due To A Quarantine Or Isolation Order?

The Families First Coronavirus Response Act requires employers with fewer than 500 employees to provide paid sick leave and expanded family and medical leave to employees who are unable to work due to COVID-19. The statute lists…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Sick Leave

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Kenneth Sulzer

10 Quick California Employment Law Tips for 2025

As we move further into 2025, I’d like to take this opportunity to highlight some important California employment law and compliance items that should be on your radar for the remainder of the year. Here are my top 10 for…more

Arbitration Agreements, California, Employment Discrimination, Immigration, Independent Contractors

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Colin Thakkar

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Alexandra "Sasha" Thaler

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for retaliation…more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Dana Latham Thrasher

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Matthew Toldero

23andWho? The fate of your DNA data after the 23andMe bankruptcy

Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14…more

23andMe, Bankruptcy Court, Biometric Information, Chapter 11, Consumer Privacy Rights

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Monica Towle

What to do about DEI? Former EEOC officials weigh in

On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering guidance…more

Affirmative Action, Anti-Discrimination Policies, Diversity, Diversity and Inclusion Standards (D&I), Employee Training

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Leigh Tyson

Top Three Pregnancy Pitfalls for Employers

Join host Leigh Tyson as she interviews Lara de Leon of our San Antonio and California offices about the three ways employers are most likely to make mistakes with their employees who are pregnant. (Plus a bonus review of the…more

Breastfeeding, Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Patrick Tyson

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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Jack Wallace

Right-To-Work In Missouri? Voters Say “No” After Legislature Says “Yes”

Right to work goes down in defeat. In a victory for organized labor, Missouri voters Tuesday overwhelmingly rejected (more than 2-to-1) the state’s right-to-work law, which was passed by the legislature and signed by the…more

Employer Liability Issues, Right to Work, Union Dues, Unions

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Neil Wasser

OSHA in the Trump Administration

A number of our clients have requested that we predict what will come from OSHA under the Trump Administration. We confess that we have no inside knowledge, but we can make some predictions based on our experience over the last…more

Consultation, Employee Rights, Enforcement Actions, Enforcement Priorities, OSHA

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Alyssa Watzman

Constangy Clips Ep. 7- 4 New Year’s Resolutions to Keep Your Cyber Data Safe and Secure in 2025

Happy New Year! As we kick off 2025, now is the perfect time to commit to making changes that benefit your organization, like better protecting your sensitive data. In this episode of Constangy Clips, Cyber Team vice chair…more

Cyber Threats, Cybersecurity, Data Privacy, Data Protection, Data Security

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Aubrey Weaver

Cyber AI Chronicles I – Introduction to Artificial Intelligence

Artificial Intelligence is not a new concept or endeavor. In October 1950, Alan Turing published “Computing Machinery and Intelligence,” proposing the question: Can machines think? Since then, the concept has been studied at…more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Security, Machine Learning

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Robert Wennagel

California’s proposed rule on AI used in employment decisions is a big deal

The California Privacy Protection Agency released proposed regulations in November 2024 that will, if finalized, create significant new hurdles for employers using artificial intelligence to assist with a variety of employment…more

Artificial Intelligence, Automated Decision Systems (ADS), California, California Privacy Protection Agency (CPPA), Data Privacy

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Gary Wheeler

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Tammy Woolley

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he…more

Ames v Ohio Department of Youth Services, Appeals, Denial of Certiorari, Employment Discrimination, Employment Litigation

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Rob Yang

California limits certification, revealing challenges for litigating privacy cases

In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo Health…more

Big Tech, California, Class Action, Consumer Privacy Rights, Data Collection

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Erica Young

New York State joins NYC in passing salary disclosure law

As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender, race, and…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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David Yudelson

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Xuan Zhou

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting and…more

California, CIPA, Class Action, Consent, Data Collection

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