The Bottom Line While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The Bottom Line In further statutory recognition of the #MeToo movement, California — like New York — has implemented more stringent training requirements for employers. On September 30, 2018, California passed SB 1343, a bill requiring all California Continue Reading
When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?
The Bottom Line Companies that use pre-existing photographs of buildings for reference in advertising or other materials may subject themselves to copyright infringement lawsuits. Even though there is generally no copyright protection for a building itself, there may be protection for a rendering Continue Reading
President Trump Signs the Music Modernization Act Into Law
The Bottom Line The Music Modernization Act is getting a lot of press, and for good reason: it is one of the most significant updates to music law in decades. While the impact of the MMA will primarily be felt by DSPs, artists and songwriters, the creation of the Mechanical Licensing Collective and Continue Reading
Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
The Bottom Line On October 29, 2018, New Jersey employers will be required to provide eligible employees with up to 40 hours of paid sick leave per year under the New Jersey Paid Sick Leave Act (the Act). The Act, which preempts all New Jersey sick leave ordinances, follows the trend 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