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?
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Wire Transfer Fraud – Can Funds Be Recovered? Posted on: September 20, 2022 In: Data Privacy & Cybersecurity
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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.
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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.
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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.
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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.
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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.
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The “September 6th Rule”: OFAC Consolidates Seven-Year Patchwork of Laws, Reissues Cyber-Related Sanctions Regulations Posted on: September 07, 2022 In: Data Privacy & Cybersecurity
On September 6, 2022, without notice or opportunity for public comment, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published a Rule – which took immediate effect – consolidating a seven-year patchwork of “Cyber-Related Sanctions Regulations.” The Rule did not revise any laws; it merely restated the U.S. government’s opposition to the provision of material support for malicious cyber-enabled activity originating outside the United States.
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Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports Law
After rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
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Have a Seat: California Court of Appeal Provides Guidance on Requirement That Employer’s “Provide” Suitable Seating in the Workplace Posted on: September 01, 2022 In: Labor & Employment
On July 19, 2022, the California Court of Appeal issued a published opinion holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by placing seats at workstations in another area and not advising her of the availability of the seating, thereby overturning a lower court’s summary judgment for the employer.
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Should NFTs Be Considered a Security? Posted on: August 31, 2022 In: Intellectual Property & Technology
If you had asked the author of this post 10 years ago whether he would believe that people would pay thousands upon thousands of dollars for what is essentially a PDF, he would have said you were speaking utter nonsense. However, here we stand, in an era where you cannot go a day without hearing about the latest NFT (non-fungible token) project or the next surefire “To The Moon” cryptocurrency. And, as is tradition, the more notoriety something gets, the more scrutiny it comes under.
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Federal Appellate Court Extends ADA Employment, Public Accommodations, and Transportation Protections to Transgender People Posted on: August 30, 2022 In: Labor & Employment
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit – one of the nation’s historically conservative jurisdictions – became the first federal appellate court to extend Americans with Disabilities Act (ADA) protections to transgender people, declaring that gender dysphoria can qualify as a disability under the ADA, reviving a disability discrimination lawsuit brought by a transgender woman over a Virginia detention center’s decision to place her in men’s housing.
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New Posters Required to Be Displayed by New Jersey Employers Posted on: August 29, 2022 In: Labor & Employment
On the heels of the adoption by the New Jersey Division on Civil Rights (DCR) of a new “Know Your Civil Rights” campaign, the DCR has issued new and updated rules and regulations to raise public awareness about civil rights under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (FLA). The new regulations, which took effect on August 1, 2022, update the DCR’s requirements for the posters that covered entities are required to conspicuously display.
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