Latest Blog Posts

• Blog: Data Privacy & Cybersecurity
  Date: September 24, 2020 Title: Legislative Alert: California Passes Genetic Information Privacy Act
  Summary: 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....
• Blog: Data Privacy & Cybersecurity
  Date: September 24, 2020 Title: California Legislature Extends CCPA Exemptions for Employees’ Personal Information &  “Business-to-Business” Exchanges to 2022
  Summary: 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....
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Date: September 21, 2020 Title: Calculating Vehicle-Related Expenses Under The FLSA
  Summary: 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....
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Date: September 17, 2020 Title: Sexual Harassment Prevention Training 2020: What Employers Need to Know
  Summary: 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.”...
• Blog: Labor & Employment
  Blog: COVID-19: Labor & Employment
  Date: September 10, 2020 Title: 3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets
  Summary: One of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?...
• Blog: Data Privacy & Cybersecurity
  Blog: Healthcare Regulatory & Compliance
  Blog: Healthcare
  Date: August 27, 2020 Title: CMS Guidance For Compliance With Interoperability and Patient Access Final Rule
  Summary: In a guidance document published on August 14, 2020, the Centers for Medicare & Medicaid Services (CMS) provided enforcement deadlines and implementation guidance regarding the long awaited CMS Interoperability and Patient Access final rule. The final rule was published on May 1 of this year and includes several new requirements applicable to Medicaid and the Children’s Health Insurance Program (CHIP)....
• Blog: Labor & Employment
  Blog: OSHA Safety & Health
  Blog: COVID-19: Labor & Employment
  Blog: COVID-19 Response Resource Center
  Date: August 25, 2020 Title: When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections
  Summary: Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post....
• Blog: Labor & Employment
  Blog: COVID-19: Labor & Employment
  Date: August 20, 2020 Title: The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication
  Summary: If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again....
• Blog: Data Privacy & Cybersecurity
  Blog: Healthcare
  Blog: Healthcare Regulatory & Compliance
  Blog: COVID-19: Healthcare/Long-Term Care/Regulatory
  Blog: COVID-19 Response Resource Center
  Date: August 18, 2020 Title: Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas
  Summary: Much scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests....
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Date: July 31, 2020 Title: Everyone’s A (Potential) Whistleblower!
  Summary: Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves....