Workforce Bulletin

Our colleague Stuart Gerson recently authored an article in the Washington Legal Foundation’s Legal Backgrounder that will be of particular interest to our readers focused on privacy and cybersecurity: “Federal Preemption: An Essential Component of an Effective National Data-Security and Privacy Regime.”

Following is an excerpt:

Significant data breaches at every level of national life have pushed the privacy and security of personally-identifiable information (PII) to the forefront of state and federal policymakers’ agendas. In the interests of efficiency and ...

Webinar - Spring/Summer 2019

Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.

For many years, the U.S. Department of Labor ("DOL") used the “six-factor test” when determining whether an employee was legally considered an unpaid intern, such that the intern would not ...

As has been reported by the New York Times, NBC, and other outlets, asset-management firm TCW is defending a lawsuit filed by a former fund manager, Sara Tirschwell, charging the firm with gender discrimination and retaliation, among other allegations. Ms. Tirschwell’s lawsuit has received media attention not only because of the substantial damages that she demands (in excess of $30 million), but also—and perhaps, principally—because the suit has been characterized as Wall Street’s first public brush with the #MeToo movement.

The basic contours of the dispute are ...

As we recently reported, New York’s Westchester County has published on its website Employer and Employee FAQs, along with a Notice of Rights to Employees, concerning the county’s Earned Sick Leave Law, which became effective on April 10, 2019. The county has now issued the required poster. Covered employers can download the poster and display it in a conspicuous location at their office or facility.

Notably, the poster only references the obligation of employers with five or more employees to provide paid sick time; it is silent with respect to the mandate that employers with ...

[Update: The measure was signed into law by Governor Mills on April 12, 2019.]

On April 2, 2019, the Maine Legislature celebrated Equal Pay Day by passing two significant amendments (“Amendments”) to the Maine Equal Pay Act. If, as expected, Governor Janet Mills signs the measure, certain salary history inquiries and employer policies prohibiting employee wage discussions will be deemed “evidence of discrimination.”  While the Amendments do not directly “prohibit” such inquiries and policies, in effect, they operate as a ban on such conduct.

Specifically, the ...

It is no secret that businesses have long been awaiting a court decision that would help stem the surging tide of website accessibility cases – over a thousand of which have been filed in the Southern District of New York over the last two years.  While the S.D.N.Y.’s recent decision dismissing a website accessibility complaint in Himelda Mendez v. Apple, Inc., 18-cv-07550 (LAP) (S.D.N.Y. March 28, 2019) may not have gone as far as businesses would have hoped, it is nonetheless an important victory.  Ideally, by requiring greater effort from the plaintiff’s bar to successfully ...

A Trending News video has been posted now that the Stop Sexual Harassment in NYC Act is in effect. New York employers must provide annual anti-harassment training for their workers, and there are specific rules that apply to independent contractors. Contractors shouldn’t be harassed, and they can also create exposure if they engage in harassment. As a reminder to NYC employers: Don’t forget your contractors!

What the full video below.

In the first meaningful revision of its joint employer regulations in over 60 years, on Monday, April 1, 2019 the Department of Labor ("DOL") proposed a new rule establishing a four-part test to determine whether a person or company will be deemed to be the joint employer of persons employed by another employer. Joint employer status confers joint and several liability with the primary employer and any other joint employers for all wages due to the employee under the Fair Labor Standards Act ("FLSA"), and it’s often a point of dispute when an employee lodges claims for unpaid wages or ...

Our colleague Brian Cesaratto at Epstein Becker Green has a post on the Health Law Advisor Blog that will be of interest to our readers in the technology industry: "Harden Your Organization’s Domain Name System (DNS) Security to Protect Against Damaging Data Loss and Insider Threat."

Following is an excerpt:

Although there is no specific mention of DNS in HIPAA, the Gramm Leach Bliley Act, the GDPR or State cybersecurity laws or regulations, including California, Massachusetts or New York, an organization cannot comply with those regulatory frameworks requiring ...

Our colleague Tzvia Feiertag at Epstein Becker Green has a post on the Health Employment and Labor Blog that will be of interest to our readers in the financial services industry: “NJ Employers and Out-of-State Employers with NJ Residents Prepare: State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate.”

Following is an excerpt:

As employers are wrapping up their reporting under the Affordable Care Act (“ACA”) for the 2018 tax year (filings of Forms 1094-B/C and 1095-C/B with the IRS are due by April 1, 2019, if filing electronically), they ...