Blog - Lewis Brisbois Bisgaard & Smith LLP

Latest Blog Posts

New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports Law
The emergence of “collectives” in the world of Name, Image, and Likeness (NIL) has raised the questions of whether these entities seeking 501(c)(3) status from the Internal Revenue Code of 1986, as amended (the “Code”) are actually public charities and if donations to these collective entities should be considered tax-deductible.
Read more »

Tags:
employment law, nil, tax, college athletes, collegiate sports, name image likeness, irs, taxation, congress
California Legislature Takes Steps to Regulate Collection and Storage of Children’s Data Posted on: September 29, 2022 In: Data Privacy & Cybersecurity
On September 15, 2022, California Governor Newsom signed the California Age-Appropriate Design Code Act (the Act). This Act, scheduled to go into effect July 1, 2024, is the first state law to require heightened standards for businesses’ collection and use of the personal information of California individuals under the age of 18. Currently the federal Children’s Online Privacy Protection Act (COPPA) protects data of minors who are under the age of 13.
Read more »

Tags:
california, online privacy, children's data, coppa, privacy law, legislative alert
NYC Announces Private Businesses Will Soon No Longer Be Required to Mandate COVID-19 Vaccines Posted on: September 29, 2022 In: Labor & Employment
New York City has, until now, stood apart from the rest of the country by holding tight to its mandate that all private businesses require their employees to be vaccinated if they are working in the office. Many employers will be pleased to learn of Mayor Eric Adams’ recent announcement that, effective November 1, 2022, private businesses in the City will no longer be required to mandate their employees be vaccinated against COVID-19.
Read more »

Tags:
new york, nyc, covid-19, vaccinations, employment law
Dept. of Ed. Office of Civil Rights Updates Case Processing Manual, Signaling Aggressive Posture Moving Forward Posted on: September 28, 2022 In: Labor & Employment
Earlier this summer, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM). The OCR often enforces civil rights laws and handles investigations of our nation’s schools. The CPM identifies the policies and procedures that the OCR relies on when investigating and resolving complaints. The revised CPM makes several notable changes and suggests that the OCR will take a more aggressive stance moving forward on complaints it receives.
Read more »

Tags:
office for civil rights, department of education, case processing manual, title ix, ada, workplace investigations
Three Key Employment Law Considerations for Film Studios and Production Companies Posted on: September 27, 2022 In: Labor & Employment
Employment law compliance continues to be an active risk mitigation area for film production companies and producers on film projects. This post covers three important considerations to help limit exposure before the cameras start rolling.
Read more »

Tags:
entertainment industry, independent contractors, payroll, discrimination, human resources, employment law, california
Pennsylvania Federal Court Dismisses Religious Discrimination Class Action Challenge to Healthcare Employer’s Mandatory COVID-19 Vaccine, Testing Requirements Posted on: September 22, 2022 In: Labor & Employment
On August 26, 2022, a putative class action brought on behalf of over 100 employees of a healthcare clinic, challenging the clinic’s policy requiring that its employees either receive COVID-19 vaccines or be tested twice weekly for the virus, was dismissed by the U.S. District Court for the Middle District of Pennsylvania. The court rejected the claim that the employer’s COVID-19 vaccination and testing requirements constituted religious discrimination.
Read more »

Tags:
pennsylvania, covid-19, discrimination, class action, vaccinations
Wire Transfer Fraud – Can Funds Be Recovered? Posted on: September 20, 2022 In: Data Privacy & Cybersecurity
Businesses are constantly targeted by criminals attempting to gain access to information that will allow them to fraudulently divert wire transfers. This fraud often occurs after the criminal has compromised the email account of someone in the company who can approve such transfers, taking over communications with customers and vendors. This exploit has become a multibillion-dollar criminal business model. But can those funds be recovered? And how can you protect yourself from such attacks?
Read more »

Tags:
fraud, wire transfers, fbi, fincen, financial fraud kill chain
California Set to Expand Employee Access to Salary Information Through Amendment to Pay Data Reporting Law Posted on: September 19, 2022 In: Labor & Employment
On August 30, 2022, the California legislature sent Senate Bill 1162 (SB 1162) to the desk of Governor Gavin Newsom. If signed into law, SB 1162 will impose two general obligations upon California employers: (1) to include a job position’s pay scale or salary range in any corresponding job posting or advertisement, and (2) to publish annual pay data reports.
Read more »

Tags:
california, wage and hour, payroll, human resources, employment law
California Employers: Four Things to Consider When Providing an Employee with an Arbitration Agreement for Review and Signature Posted on: September 13, 2022 In: Labor & Employment
Despite a California employer having an arbitration agreement that satisfies all the requisite factors set forth by the state’s Supreme Court in Armendariz v. Foundation Health Psychcare Services, Inc., often times an employee will attempt to challenge the method in which the arbitration agreement was presented to them in order to invalidate the agreement and ensure the case remains in court. Here are some tips for California employers to consider when presenting an employee with an arbitration agreement.
Read more »

Tags:
california, arbitration, employment agreements, employment law, human resources
Fifty Years of Progress: The Legal History of Title IX Posted on: September 09, 2022 In: Sports Law
This year, we celebrate 50 years of Title IX, the landmark legislation implemented to outlaw discrimination on the basis of sex in federally funded educational settings. Over the course of a half-century, Title IX has been monumental in creating access and opportunities for women and members of the LGBTQ community in education and sports and establishing a means of legal accountability. While the road to equality has not been perfect, nor is it complete, Title IX has made major contributions to many lives.
Read more »

Tags:
title ix, civil rights, women's rights, student-athletes, discrimination, lgbtq
Four Tips for Accommodating Mental Health Diagnoses in the Workplace Posted on: September 08, 2022 In: Labor & Employment
Mental health has traditionally been stigmatized more than physical ailments or disabilities. However, in large part due to the COVID-19 pandemic, the stigma surrounding mental health is lessening and discussions around mental health in the workplace have become more commonplace. As such, employers are seeing an increase in mental health diagnosis disclosures and accommodation requests. Here, we share four tips for employers to keep in mind when an employee discloses a mental health diagnosis.
Read more »

Tags:
mental health, ada, disability, reasonable accommodation, human resources
Five Tips for Using Independent Contractors in California Posted on: September 07, 2022 In: Labor & Employment
In Dynamex Operations v. Superior Court of Los Angeles, the California Supreme Court adopted the ABC Test for determining whether certain workers should be classified as independent contractors. It's an employee-friendly test that presumes a worker is an “employee” by shifting the burden of proof onto the employer. While it does pose a bigger hurdle for companies that want to use independent contractors, it is not insurmountable. Here are some key tips for using correctly classified independent contractors.
Read more »

Tags:
california, independent contractors, abc test, employment law, human resources