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Name, Image & Likeness: Back to the Legislative Starting Block? Posted on: August 04, 2022 In: Sports Law
For the last few years, we have seen numerous bills introduced by senators and members of the House of Representatives regarding name, image, and likeness (NIL) rights. For the most part, all these bills sought to create specific rules and federal oversight in this area. However, because of the partisan nature of the bills, none of them has ever progressed beyond the introduction of the proposed bill to be considered for possible enactment.
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Tags:
nil, congress, legislative alert, student-athletes, sports law
How Corporate Social Responsibility Can Help Reduce Liability & Five CSR Initiatives You Can Start Today Posted on: July 27, 2022 In: Labor & Employment
Corporate social responsibility, or CSR, is a form of self-regulation that reflects a business' accountability and commitment to contributing to the well-being of communities and society through various environmental and social measures. What does CSR have to do with employment law? According to Deloitte’s 2021 Millennial and Gen Z Survey, everything. The study found that the modern workforce prioritizes culture, diversity, and high impact over financial benefits.
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csr, human resources, employee handbook, hiring, disability
SEC Proposes Rules to Increase Reporting About Cybersecurity Incidents Posted on: July 27, 2022 In: Data Privacy & Cybersecurity
As outlined by the Securities and Exchange Commission (SEC) in its proposed changes to rules regarding disclosure of cybersecurity incidents, there has been a steady increase in cyberattacks, some of which have had devasting effects on businesses, consumers, and investors. The SEC proposal is premised on the belief that investors would benefit from more timely and consistent disclosure about material cybersecurity incidents and greater availability and comparability of disclosure by public companies.
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cybersecurity, sec, cyberattack, breach notification, incident response
Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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Tags:
dol, flsa, wage and hour, payroll, white collar, overtime
Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Tags:
office events, employment law, labor law, covid-19, human resources
Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Labor & Employment, Sports Law
In a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
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nfl, unions, nlra, labor law, appellate law
Name, Image, and Likeness – The Past, The Present, and The Future Posted on: July 11, 2022 In: Sports Law
Just over a year ago, the NCAA announced that it was necessary to take “short-term action” and introduce an “interim” policy regarding name, image, and likeness (NIL) rights for student-athletes. At that time, it confirmed that it was going to continue working with Congress to develop and adopt federal legislation to support student-athletes’ use of their NIL rights and create a national standard of NIL rules.
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Tags:
nil, ncaa, student-athletes, employment law, immigration law
Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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Tags:
illinois, paid leave, fmla, labor law
Privacy Protection Patchwork, Part V: How the California Privacy Rights Act Could Impact Your Business Posted on: July 07, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part V, we discuss the California Privacy Rights Act.
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Tags:
california, cpra, cppa, data privacy, consumer data, privacy law, privacy protection patchwork
Department of Education’s New Proposed Regulations Coincide with 50th Anniversary of Title IX Posted on: July 07, 2022 In: Sports Law
The U.S. Department of Education released its long-awaited proposed amendments to the regulations for Title IX of the Education Amendments of 1972 in a Notice of Proposed Rulemaking issued in conjunction with the 50th anniversary of Title IX. The Department has stated that the intent of the proposed amendments is to “restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination” that were weakened by previous regulatory changes.
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title ix, department of education, student-athletes, sexual harassment, discrimination
Three Tips for Updating, Enforcing Arbitration Agreements to Minimize PAGA Exposure in California Following Supreme Court’s Viking River Decision Posted on: July 01, 2022 In: Labor & Employment
For almost two decades, the California Private Attorneys General Act of 2004 (PAGA) has vexed employers and resulted in significant increased exposure to wage and hour claims. To limit exposure, many employers have implemented arbitration agreements that include class and PAGA representative action waivers, which appeared unenforceable. However, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court recently breathed new life into this strategy.
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supreme court, california, paga, arbitration, employment agreements
Privacy Protection Patchwork, Part IV: How the Connecticut Data Privacy Act Could Impact Your Business Posted on: June 28, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part IV, we discuss the Connecticut Data Privacy Act.
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Tags:
connecticut, ctdpa, data privacy, consumer data, privacy law, privacy protection patchwork