Publications

Latest Publications and Blogs

  • Blogs
    |September 24, 2020

    On August 31, 2020, the California Senate passed SB 980, establishing the Genetic Information Privacy Act, which would require direct-to-consumer genetic testing companies to comply with certain privacy and data security provisions. Whether the Act is ultimately signed into law and made a part of the California privacy landscape remains to be seen. Yet it is the latest effort by The Golden State to impose additional data privacy restrictions and extend rights to consumers concerning personal information.

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  • Blogs
    |September 24, 2020

    But for limited exemptions added to the California Consumer Privacy Act (CCPA) last year, personal information exchanged in the employment context, and personal information collected through “business-to-business” exchanges, would be subject to all requirements of the CCPA. Those exemptions were set to expire next year. However, the California legislature has recently voted, through Assembly Bill 1281, to extend the exemptions until January 1, 2022.

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  • Legal Alerts
    |September 23, 2020

    On September 18, 2020, in a closely watched Illinois Biometric Information Privacy Act (BIPA) case of first impression, the Illinois First District Court of Appeals ruled that BIPA claims for statutory damages by employees against their employers are not preempted by the exclusive remedy provision of the Illinois Workers Compensation Act (IWCA).

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  • Legal Alerts
    |September 23, 2020

    On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill 1867 (AB 1867), which provides COVID-19-related supplemental paid sick leave of up to 80 hours to food sector workers, employees of companies with over 500 employees nationwide, and employees of healthcare providers and emergency responders.

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  • Legal Alerts
    |September 23, 2020

    In August 2017, five individual convenience store franchisees filed suit in federal court for violations of the Massachusetts Independent Contractor Law (Massachusetts ICL), the Massachusetts Wage Act, and the Massachusetts Minimum Wage Law against their franchisor, 7-Eleven, Inc. The franchisees alleged that they, and all other franchisees in the Commonwealth of Massachusetts, were employees of 7-Eleven under state law.

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  • Blogs
    |September 21, 2020

    At the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.

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  • Legal Alerts
    |September 21, 2020

    On August 26, 2020, the Oregon Court of Appeals upheld a trial court’s decision to order a new trial and vacate a judgment in the asbestos case, Golik v. CBS Corp., 306 Or App 202 (2020). After the jury returned a $3.9 million verdict, the defendant premises owner discovered various bankruptcy form documents, including a work affidavit detailing alternative asbestos exposures, which had not been produced in discovery.

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  • Blogs
    |September 17, 2020

    In 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

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  • Legal Alerts
    |September 16, 2020

    Recently, the Department of Labor (DOL) Wage and Hour Division (WHD) issued four new opinion letters addressing several compliance issues related to the Fair Labor Standards Act (FLSA).

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  • Legal Alerts
    |September 11, 2020

    As the 2020 hurricane season peaks, companies impacted by this year’s hurricanes, including Hurricane Laura, face a host of employment law concerns, including significant challenges maintaining compliance with wage and hour laws. This alert provides general guidance about those issues under the Fair Labor Standards Act (FLSA).

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