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Can an Employer Be Assessed Damages for the Loss of One’s Life’s Work? Posted on: June 21, 2021 In: Labor & Employment
The Massachusetts Supreme Judicial Court recently faced the question of whether an employer can be assessed damages for the loss of an employee’s life’s work. The court answered this question in the affirmative, upholding the trial award of an experienced cancer researcher, who received $10.2 million in damages against her former employer, Steward Health. The award represented the cost of reestablishing her research laboratory, lost as a result of the defendant’s unlawful breach of her employment contract.
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massachusetts, employment law, damages, employee work product, healthcare
New York City Enacts the Retirement Security for All Act Posted on: June 14, 2021 In: Labor & Employment
On May 11, 2021, New York City enacted the “Retirement Security for All Act” (Bill Nos. 888-A and 901-A). The law establishes a retirement savings program for private employers with five or more employees if those employers do not otherwise offer employees a retirement plan, such as a 401(K), 403(B), or defined benefit pension plan.
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new york city, retirement, employee benefits, 401k, pension
Using Artificial Intelligence to Track Growing Remote Workforce and Related Litigation Implications Posted on: June 11, 2021 In: Labor & Employment
The COVID-19 pandemic has changed the workplace, with the most notable change surrounding acceptability of long-term remote work. An April 2020 Gallup survey found that whereas 31% of respondent U.S. workers reported that they worked remotely between March 16 and March 19, that number grew to 62% between March 30 and April 2. By April 2, 59% of respondents stated that they desired to work from home as much as possible in the future.
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artificial intelligence, human resources, technology, remote work, litigation, covid-19
Legislative Alert: Colorado Privacy Act Passes State Senate, Signed Into Law By Governor Posted on: June 10, 2021 In: Data Privacy & Cybersecurity
On June 8, 2021, the Colorado Senate passed the Colorado Privacy Act (CPA). It was then signed into law by Colorado Governor Jared Polis on July 7, 2021, and will go into effect on July 1, 2023. The CPA follows in the tradition of the California Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Protection Act (CDPA) by creating consumer rights and imposing requirements on businesses to guarantee greater protections over consumers’ personal data.
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colorado, cpa, personal data, data privacy, legislative update
Backup, Separate, & Secure: White House Cyber Recommendations Reach the Private Sector Posted on: June 07, 2021 In: Data Privacy & Cybersecurity
On Wednesday, June 2, Deputy National Security Advisor for Cyber and Emerging Technology Anne Neuberger released an open letter encouraging businesses within the private sector to adopt immediate protections against ransomware and other cybersecurity threats. The recommendations in the letter are helpful and highlight high-level lessons learned from the increasing frequency and severity of ransomware attacks.
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data privacy, cybersecurity, executive order, data breach, private sector, ransomware
You’ve Been WARNed! Amendments to the New Jersey WARN Act May Soon Go Into Effect Posted on: June 07, 2021 In: Labor & Employment, COVID-19 Response
On January 21, 2021, New Jersey Governor Philip Murphy signed into law sweeping amendments to the New Jersey WARN Act, which could soon become the most expansive business closing/mass-layoff notification law in the nation. These amendments were delayed due to the COVID-19 pandemic, but could go into effect as early as September 11, 2021, so employers are encouraged to become familiar with the new requirements, outlined in this post.
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new jersey, warn act, human resources, severance pay, layoffs, covid-19
CCPA 2.0 and the Changing Privacy Landscape, Part VII: Penalties and Enforcement Mechanisms Posted on: June 02, 2021 In: Data Privacy & Cybersecurity
As discussed throughout this series, the passage of the California Privacy Rights Act (CPRA) will change the privacy landscape in California and impact the compliance efforts of businesses serving California consumers. In addition to expansion of the rights promised to consumers under the California Consumer Privacy Act (CCPA), this seventh installment in our series discusses the new penalties and enforcement mechanisms for subject businesses created by passage of the CPRA on November 3, 2020.
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personal information, data privacy, california, legislative alert, personal data, ccpa, cpra
How to Protect Your Investment in Employees in a Tight Labor Market Posted on: June 02, 2021 In: Labor & Employment
In a tight labor market, competitors will seek to hire experienced, fully trained employees to immediately fill much-needed roles. The loss of a such an employee can have an outsized impact on a department or business segment. Therefore, it is now more important than ever for employers to protect their investment in their workforce and act proactively to avoid these departures. Here are four tips to help you to grow your workforce during this tight labor market.
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Tags:
human resources, employee retention, at-will employment, employment contracts, non-competition, non-solicitation
I’ll See You in (Oregon) Court!: Oregon Court of Appeals Rules Employees Protected in Seeking Legal Advice About Employment Posted on: May 28, 2021 In: Labor & Employment
Rohrer v. Oswego Cove, LLC is the latest case to address whether a common law wrongful discharge claim is preempted by statute. The issue in the case was whether the action alleged by the plaintiff – seeking out legal advice about her employment – fell within the scope of any statute.
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Tags:
employment law, wrongful discharge, discrimination, retaliation, human resources
What Does Employment “At-Will” Mean? Posted on: May 28, 2021 In: Labor & Employment
An “at-will” employment relationship means the employment relationship can be terminated by either the employer or employee, at any time, for any reason or no reason at all (except an illegal reason). Except for the State of Montana, the at-will rule is the default rule in every jurisdiction in the United States. In other words, unless there is an agreement to the contrary, the common law presumes employment relationships to be “at-will.”
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employment law, at-will employment, employment contracts, human resources
What’s in President Biden’s Executive Order on Improving the Nation’s Cybersecurity? Posted on: May 27, 2021 In: Data Privacy & Cybersecurity
On May 12, 2021, President Biden issued an Executive Order on Improving the Nation’s Cybersecurity, emphasizing the current cyberattack landscape targeting the public and private sectors and the need to heighten efforts and increase resources to defend against this threat environment. The Order comes following recent high-profile cyber incidents, and echoes the NIST's Framework’s Five Functions. Parts of the Order will also directly affect federal contracts and its supply chain.
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cybersecurity, executive order, data breach, cyber threat
Legal Notification – One Size Does Not Fit All Posted on: May 21, 2021 In: Data Privacy & Cybersecurity
Medium, large and supersize...even fast food meals come in different sizes. After all, we want to be able to choose what is right for us and what meets our specific needs. Legal representation for cybersecurity incidents is no different. It should be customized to fit each client’s particular situation, addressing the nuances of the event and ensuring that the response is proportionate. There is no one size fits all approach to legal notification, especially where consumers or clients need to be informed.
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Tags:
breach notification, data breach, cybersecurity, consumer notification