Publications

Latest Publications and Blogs

  • Blogs
    |April 16, 2021

    Joining other states on the marijuana bandwagon (most recently, New Jersey), New York has officially legalized recreational use of marijuana for adults aged 21 and older. The Cannabis/Marijuana Regulation and Taxation Act (MRTA), signed by Governor Cuomo on March 31, 2021, allows adults to possess, purchase, display, obtain, and transport marijuana in limited quantities, effective immediately. Of note for employers, the MRTA creates a new protected employee class.

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  • Legal Alerts
    |April 13, 2021

    On March 23, 2021, Governor J.B. Pritzker signed Senate Bill 1480 into law, amending the Illinois Human Rights Act (IHRA) by restricting the use of criminal conviction records. The IHRA prohibits discrimination based on race, color, national origin, ancestry, national citizenship status, sex, pregnancy, religion, age, physical or mental disability, marital status, military status, order of protection status, sexual orientation, or gender identity. A covered employer is now required to follow certain procedures, including engaging in an interactive process with the applicant or employee, if it seeks to disqualify the individual based on a record of criminal conviction.

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  • Legal Alerts
    |April 12, 2021

    Restaurants and bars, among the businesses hit hardest by the COVID-19 pandemic, will soon be able to apply for a new tax-free grant program enacted as part of the recently enacted American Rescue Plan Act of 2021, signed into law on March 11, 2021. The Restaurant Revitalization Fund (RRF) will provide $28.6 billion in grants for eligible restaurants and bars that can certify they need the funds to support ongoing operations of the business.

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  • Blogs
    |April 09, 2021

    The Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Treasury Department, has proposed a new rule to bring convertible virtual currencies (CVC) and legal tender digital asset transactions within the existing anti-money laundering and “know your customer” regulatory framework under the Bank Secrecy Act. The timing of FinCEN’s proposed rule is no accident. It comes at an explosive time for ransomware attacks and increased public awareness of and acceptance of CVCs, such as Bitcoin.

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  • Legal Alerts
    |April 09, 2021

    The Illinois Biometric Information Privacy Act (BIPA or the Act) provides for statutory damages of $1,000 for each negligent violation and $5,000 for each reckless or intentional violation of the Act. An unsettled question is whether a plaintiff can “stack” alleged violations for a windfall recovery. The Seventh Circuit Court of Appeals is about to weigh in.

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  • Legal Alerts
    |April 09, 2021

    As of July 1, 2020, “[e]very person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record,” and they must match those officers listed on California Secretary of State’s (SOS) records. This is a deviation from the Contractors State License Board’s (CSLB) past practice of requiring foreign corporations to associate as personnel of record only their president, in contrast to requiring domestic corporations to associate their president, secretary, and treasurer. 

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  • Blogs
    |April 08, 2021

    In California, a person providing labor or services is presumed to be an employee, rather than an independent contractor, unless the hiring entity meets the elements of the strict “ABC Test” – a three-part test to show, among other things, that an employee is free from its control and performs work that is outside of its “usual course of business.” In order to avoid common pitfalls in hiring independent contractors, an employer should consider three important steps.

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  • Legal Alerts
    |April 07, 2021

    The Illinois Equal Pay Act (IEPA) has been amended to create significant new requirements for Illinois employers. Governor J.B. Pritzker signed Senate Bill 1480 (SB 1480) into law on March 23, 2021, effective immediately.

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  • Blogs
    |April 05, 2021

    As detailed in our ongoing series, the passage of the California Privacy Rights Act (CPRA) promises to drastically change the privacy landscape in the Golden State, and affect the privacy compliance efforts of many businesses that service customers in California.

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  • Legal Alerts
    |April 05, 2021

    The New York City Human Rights Law (NYCHRL) is considered to be one of the most progressive discrimination laws in the nation. Earlier this year, the New York City Council passed a bill which expands the scope of the New York City Fair Chance Act (FCA), more commonly known as the “ban-the-box” law. The FCA prohibits most New York City employers from inquiring about an applicant’s criminal history until after the employer extends a conditional offer of employment. The amended FCA expands protections for both applicants and employees with criminal backgrounds, including convictions, charges and arrests. The amendments go into effect on July 28, 2021.

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