The Bottom Line New York employees have a (legal) duty of loyalty to their employers – under the state’s faithless servant doctrine, a court may require an employee to return compensation received from their employer during any period when the employee was disloyal. A recent decision by the Continue Reading
Additional Tax Credits to Employers Who Extend FFCRA Benefits Through September 2021
The Bottom Line The American Rescue Plan Act of 2021 (ARPA), signed into law by President Biden on March 11, 2021, included a voluntary extension of the Families First Coronavirus Response Act (FFCRA). The extension allows eligible employers to continue to receive tax credits for Continue Reading
Taxing Digital Advertisements Face Stiff Legal Challenges
The Bottom Line The economic impact of COVID-19 cannot be understated; one impact has been to local and state budgets. States have experienced significant budget shortfalls due to limited economic activity and, as a result, state legislatures are searching for ways to raise revenue in order to Continue Reading
Apple Makes Big Changes to Its Tracking System
The Bottom Line With the launch of iOS 14.5 slated for next week, Apple’s long-awaited changes to the use of its persistent identifier known as the “Identifier for Advertisers” (IDFA) have now gone into effect. While this change has been explained by Apple as a step to protect its users’ Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS (VCBS) has recently issued its “Advertising Guidelines” for its adult-directed linear channels and digital properties, making these its first published guidelines since that merger. Guidelines are not frequently updated, and the creation of a brand new set, created Continue Reading
SAG-AFTRA Welcomes the Influencer
The Bottom Line After spending a decade carving out space in the industry, influencers are now being welcomed into the SAG-AFTRA union, which is recognizing them as a unique class of “multi-talented performers whose performances should be covered by a SAG-AFTRA contract.” Social media Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading
COBRA Changes Under the American Rescue Plan Act of 2021
The Bottom Line President Biden signed the American Rescue Plan Act of 2021 (the Act) into law on March 11, 2021. While direct payments to certain taxpayers and extending unemployment benefits have received most of the attention in the media, the Act also provides for the federal government to Continue Reading
New York Legislation Provides Employees with Paid Leave for COVID-19 Vaccinations
Update Governor Andrew Cuomo signed the legislation described in this Alert on March 12, 2021. The Bottom Line New York’s Legislature recently passed a bill, which, if signed into law by Governor Andrew Cuomo, would temporarily amend the New York Labor Law to require New York employers Continue Reading
Maryland Passes Digital Advertising Tax
The Bottom Line After more than a year of contention, Maryland’s proposed digital advertising services tax has become law (the Act). On February 12, 2021 the Maryland Senate voted to override Governor Hogan’s previous veto of the legislation. The Act requires “persons” to pay a tax at rates Continue Reading