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
Another Look at Sun Capital: PE Fund Faces Claims for Unfunded Pension Liability of a Portfolio Company
The Bottom Line While the court has not yet reached a decision on Trilantic’s complaint, PE firms should continue to carefully consider the structure and nature of their portfolio company investments to assess any potential exposure for pension withdrawal liability. In this post-Sun Capital time, Continue Reading
Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions
The Bottom Line The Second Circuit’s Meyer decision reaffirms the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps, and that for those terms to be enforceable, access to them must be presented in a manner clear Continue Reading
ADA Requires Online Businesses To Make Their Websites Usable By The Disabled
The Bottom Line Businesses with an online presence, and those agencies designing and building websites for businesses who sell goods and/or services online, should review their websites for ADA compliance. Companies should further explore technology available to make their websites accessible to Continue Reading
New York State Adopts Final Paid Family Leave Regulations
The Bottom Line Employers should review their existing family and medical leave policies and handbooks to ensure that the specifics of PFL are included by January 1, 2018.Employers should also contact their disability insurance providers to discuss a PFL rider. On July 19, 2017, the New York Continue Reading
Oh, the Indemnity! Claims for Reimbursement May Follow RMBS Litigation Settlements
The Bottom Line The statute of limitations may have expired on new claims for repurchase or fraud based on alleged loan defects in pre-financial crisis subprime RMBS deals, but a settlement or litigation award paid out by a defendant may mark the beginning of a new six-year limitations period for Continue Reading
Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore
The Bottom Line The Griffin opinion paves the way for plaintiffs to assert an "aiding and abetting" theory to sue their employer's corporate customers, clients and vendors for participating in conduct or decision-making alleged to be unlawful under the NYSHRL, even if such participation Continue Reading
New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History
The Bottom Line While New York City’s law could potentially face legal challenge by business groups before October 31, 2017, employers are advised to review their hiring practices and identify where salary history is being requested. Employers may need to modify employment applications, 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