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
Stop Sexual Harassment Act Poster and Information Sheet Issued by NYC Commission on Human Rights
The Bottom Line To prepare for the new sexual harassment prevention requirements imposed by New York City law, employers should post the mandatory anti-sexual harassment rights and responsibilities poster in both English and Spanish. Employers should also incorporate the mandatory information Continue Reading
States Update Data Breach Notification Laws Amidst GDPR Commotion
The Bottom Line It is clear that local and state lawmakers are making data privacy protection requirements a legislative priority. As lawmakers continue to amend or enact new data protection and data breach notification laws, it will be crucial that all affected organizations ensure their policies Continue Reading
Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible
The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
Legal Risks Abound as the World Cup Kicks Into Gear
The Bottom Line Although Russia's World Cup Law is not enforceable in the United States — and we cannot advise on marketing activities conducted in Russia — FIFA has made clear that it views ambush marketing in whatever form as unlawful and infringing on its intellectual property rights. Continue Reading
California Has a New Privacy Law. It Could Have Been Much Worse
The Bottom Line The Act becomes operative on January 1, 2020. In the meantime, the Attorney General will issue more detailed regulations.Nevertheless, companies doing business in California that collect consumers’ personal information — online or otherwise — should begin considering how to comply Continue Reading