The Bottom Line With the MPWFA's April 1, 2018 effective date quickly approaching, Massachusetts employers should review and revise their handbook policies, onboarding notices and HR practices to ensure that they comply with the law’s notice obligations and requirements to provide reasonable Continue Reading
DOL Updates Test for Unpaid Interns and Students Under the FLSA
The Bottom Line The DOL will now rely on the "primary beneficiary" test when determining whether interns are eligible for minimum wage and overtime pay. This is good news for employers who want to establish internship programs without running afoul of the FLSA, and also gives employers more Continue Reading
California Enacts New Employer Requirements Effective January 1, 2018
The Bottom Line California employers should be aware of several new and expanded laws going into effect beginning January 1, 2018, relating to a ban on inquiries to candidates about their salary history or prior criminal convictions; expanding already-mandated, supervisor-level sexual harassment Continue Reading
Local Challenges to Automatic Renewal Programs Continue in California: Now, the Beachbody Case
The Bottom Line As the Beachbody case illustrates, businesses must clearly disclose to consumers the terms of auto-renewal programs and should obtain their express, affirmative consent before collecting any payments. Many states, as well as the federal government, have laws that address this Continue Reading
Trampoline Sellers Settle FTC Charges Over Alleged Fake Logos, Websites and Reviews
The Bottom Line As evidenced by the FTC's action against the Le brothers, companies should not use fake review sites or misleading third-party endorsements or seals to sell their products or disparage competing products.Instead, they should clearly and conspicuously disclose material connections Continue Reading
Retail Practices Are In Vogue For Regulators, and Class Action Lawyers
4th Edition: Trends in Marketing Communications Law The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing and other retail practices. For example, Continue Reading
Can Anyone Be Happy Together After Sirius XM Copyright Decision?
4th Edition: Trends in Marketing Communications Law Flo & Eddie Inc., the owner of the sound recordings such as "Happy Together" created by the 1960s band The Turtles, brought suit against Sirius XM on behalf of itself and a class of pre-1972 sound recording owners for broadcasting numerous Continue Reading
PR Week | Beware of Lawsuits Arising From Deceptive Rewards Programs
California Alleges Four of the Largest U.S. Retailers Engage in ‘False Reference Pricing’
The Bottom Line The California actions highlight the importance of ensuring accurate pricing statements are presented in print and online ads. That these suits were filed in California is not particularly surprising, given the state’s history of aggressive protection of consumers, and suggests Continue Reading
Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices
The Bottom Line Staples has agreed to pay $2 million to end a class action filed in California federal court alleging that the company engaged in deceptive rewards program practices. In particular, the class action alleged that Staples misled consumers with respect to how (and how many) Continue Reading