The Bottom Line Before October 29 2018, New Jersey employers should review and revise their sick leave and paid time off policies to ensure compliance with the New Jersey Paid Sick Leave Act's requirements, including its carryover versus payout requirements. Employers will also need to revise their Continue Reading
New York City Law Requiring “Cooperative Dialogue” for Reasonable Accommodation Requests Goes into Effect on October 15, 2018
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee reasonable accommodation and disability rights. At a minimum, employers should update employee handbooks to: (1) explain the procedures that eligible employees should follow when Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading
New York State Publishes Final Sexual Harassment Prevention Policy and Training Materials
As we previously reported in April 2018, New York State lawmakers recently passed legislation aimed at combating workplace sexual harassment. The changes called for in the legislation include requiring employers to implement sexual harassment prevention policies and training. More than Continue Reading
New Massachusetts Law Specifies Requirements for Noncompetition Agreements
The Bottom Line With this Act going into effect on October 1, 2018, it is critical that employers in Massachusetts: review their existing restrictive covenant agreements to ensure that they are enforceable, and update their form documents to comply with the Act going forward. The Massachusetts Continue Reading
California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment
The Bottom Line California continues to take the most active role of any state in regulating privacy and imposing obligations on businesses. With the upcoming January 2020 deadlines for the CCPA and the proposed IoT law, business should continue — or begin, if they have not already done so — their Continue Reading
Employers Beware: New EU Data Law May Impact Employee Benefits
The Bottom Line GDPR is already in effect and fines could be levied for non-compliance. U.S. based employers should work with their legal counsel to review their plan participant population to determine whether GDPR applies and to ensure that GDPR's requirements are satisfied. May 25, 2018 was Continue Reading
Student Loan Repayment Benefit Under a 401(k) Plan: An Important New Benefit That Employers Can Offer Right Now
The Bottom Line Employers who wish to attract and retain a young and educated workforce should consider amending their 401(k) plans to provide this benefit. Employers interested in providing this student loan repayment benefit should consult with ERISA counsel prior to Continue Reading
Employers May be Required to Accommodate Employees Who Request to Work Part Time Due to a Disability, Even if They had Previously Worked in Full-Time Roles
The Bottom Line The fact that less than half of disabled individuals of typical working age report having jobs, despite protective laws like the ADA, means that courts are increasingly sympathetic to the requests of the disabled for accommodations. The Hostettler decision highlights a common Continue Reading
Street Art, Copyright Infringement, and De Minimis Use
The Bottom Line When considering using graffiti or street art as part of a commercial production, including in advertising, social media or other marketing efforts, the same considerations addressed when clearing the use of other copyrighted or trademarked materials should be taken into account. Continue Reading