The Bottom Line The Villagomez decision highlights the legal risks in automatically firing an “AWOL” employee. Under the FMLA, employers have an obligation to follow up on facts, however scant, suggesting that unexplained absences may be due to medical reasons. HR and supervisors should share Continue Reading
FTC Plans Workshop on ‘Loot Boxes’
The Bottom Line A strong push has come forth from the likes of Senator Hassan, other legislators, the FTC and consumer lawsuits regarding consumer protection issues related to “loot boxes” in video games. This year may see efforts at regulating loot boxes move forward to the extent they have not Continue Reading
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
Video Social Networking App Agrees to Pay $5.7 Million to Settle FTC’s COPPA Action
The Bottom Line The sheer size of the Musical.ly settlement illustrates that the FTC continues to have a strong interest in enforcing COPPA. Online services cannot hide behind language in their terms and conditions claiming not to be child-directed when they include numerous activities that Continue Reading
California Employee Non-Solicitation Provisions Face Unpredictability
The Bottom Line The California Court of Appeal rejected an employee non-solicitation provision for recruiters, and one federal court in California has taken a broad reading of that decision and concluded that all employee non-solicitation provisions are invalid. This development serves as a Continue Reading
The Odds Are Getting Better for Sports Betting and Fantasy Sports in New York
The Bottom Line As New York lurches toward the legalization of sports betting and interactive fantasy sports, true national sports betting and fantasy sports gaming is still a long way from becoming a reality. Businesses in the sports gaming industry, including sports books, media companies, Continue Reading
FTC Brings First Action Against Company for Posting Fake Reviews
The Bottom Line It should come as no surprise to companies that they should not be purchasing or posting fake reviews of their products as a way to improve sales to customers. The action against Cure Encapsulations and its owner shows that the FTC is interested in taking action to halt the Continue Reading
FTC and FDA Sent Warning Letters to Companies Advertising Products that Claim Treatment of Disease
The Bottom Line The FTC and FDA are aggressively reviewing companies’ websites and social media channels for false or unsubstantiated health claims and efficacy claims. Advertisements on company websites and in social media posts must avoid false or unsubstantiated health claims, and efficacy Continue Reading
New York City Law Expanding Employers’ Lactation Accommodation Obligations Goes Into Effect on March 18, 2019
The Bottom Line Before March 18, 2019, New York City employers with four or more employees should review their written policies and HR practices in advance to ensure that they have the appropriate space to satisfy the law’s lactation room requirements and that they provide a compliant lactation Continue Reading
CCPA Update: Preparing for the CCPA – 10 Things You Can Tackle Now
The Bottom Line In the ever-changing landscape of the U.S. privacy space, businesses should not take a wait-and-see approach when it comes to CCPA compliance. The ten action items outlined in this Alert will not only assist businesses with CCPA compliance, but may also assist with compliance with Continue Reading