The Bottom Line California has released a second version of draft regulations for the CPRA, a mere 10 weeks before the law is to take effect.This latest draft has changes that are both beneficial to businesses and increase the complexities of compliance.Given the fact that the regulations have Continue Reading
U.S. Department of Labor Proposes New Rule on Independent Contractor Status
The Bottom Line The U.S. Department of Labor has proposed a new rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act.If adopted, it will replace the rule announced by the DOL in January 2021 and will be more focused on the “totality of Continue Reading
Colorado Privacy Act Draft Rules Issued
Update The Colorado Attorney General's Office released revised rules on December 21, 2022. Please refer to our alert covering the significant changes to the proposed rules. The Bottom Line The Colorado Attorney General’s Office has publicly committed to try to harmonize its consumer Continue Reading
FTC Staff Report Brings Dark Patterns to Light
The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The SEC has issued repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers who fail to disclose the nature, scope and amount of compensation received in exchange for their sponsored posts.This case serves as a reminder that Continue Reading
New York City and California Pay Transparency Laws: What Employers Need to Know
The Bottom Line New York City’s pay transparency law will require employers to include salary ranges in job postings beginning on November 1, 2022.California employers will also be required to disclose this information effective January 1, 2023.Employers should promptly review their internal Continue Reading
How to Handle ADA Website Accessibility Claims
The Bottom Line When faced with an ADA website accessibility claim, there are defenses that can be raised, either with the court or as part of settlement negotiations.Companies should carefully review any such claim, particularly the allegations concerning whether the plaintiff visited the Continue Reading
California Governor Signs Age-Appropriate Design Code into Law
The Bottom Line For the first time, a state has enacted a bipartisan law that imposes monetary fines on companies that violate children’s privacy or jeopardize the online safety of minors under age 18. The Act requires businesses to reevaluate their privacy practices related to children and Continue Reading
Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements
The Bottom Line Washington, D.C.’s amended law banning non-compete agreements contains an exception for highly compensated employees and no longer outright bans anti-moonlighting provisions in all instances. Employers should be mindful of the total annual compensation awarded to employees in Continue Reading
First CCPA Enforcement Action’s $1.2 Million Fine to Sephora is a Wakeup Call for the Ad Tech Industry
The Bottom Line The first substantial CCPA enforcement action should be a wakeup call for the advertising industry. California is aggressively policing the industry and looking closely at the third-party tracking mechanisms used on sites. With the CPRA just around the corner, more Continue Reading