SEC Issues Risk Alert on the Cybersecurity Practices of Registered Broker-Dealers, Investment Advisers, and Investment Funds.
8/11/17
By: Jennifer Lee
The U.S. Securities and Exchange Commission (“SEC”) is becoming increasingly focused on cybersecurity issues in recent years as data breaches and ransomware attacks become more frequent and wide-spread across all industries. The most recent Risk Alert, …
Three Years After Ferguson Shooting, Litigation Trudges Forward
8/10/17
By: Wesley C. Jackson
This week marks the three-year anniversary of the August 9, 2014 shooting of Michael Brown in Ferguson, Missouri. While the shooting sparked a national debate about officers’ use of force that continues to this day, one …
DOL’s Regulation of Tip-Pooling May Change
8/10/17
By: Michael M. Hill
We previously have written about the “tip credit” provision under the Fair Labor Standards Act and the developing circuit split regarding whether an employee’s tips belong to the employee or the employer. Since 2011, …
An Exception to Florida Sunshine Laws – Helping Cybersecurity Secrecy
8/9/17
By: Jeremy W. Rogers
For the legally uninitiated, in hearing the term “sunshine laws,” it would be easy to misunderstand what exactly that would entail. This is especially so in Florida where tourism boards and state marketing inundate the eyes …
CALIFORNIA’S NEW REGULATIONS ON TRANSGENDER EMPLOYEE PROTECTIONS
8/9/17
By: Melissa M. Whitehead
Effective July 1, 2017, new regulations went into place to protect transgender employees (Cal. Code Regs. §§ 11030-11034). The new regulations are intended to provide “enhanced clarity” and also lists specific types of prohibited conduct and/or …
2017 Florida Legislative Scorecard for Labor and Employment Laws
8/9/17
By: Melissa A. Santalone
In its 2017 legislative session, both houses of the Florida Legislature introduced bills on a wide array of topics that, were they to become law, would affect the interests of Florida employers in numerous ways. Over …
Many North Carolina Non-Compete Covenants Could Be in Jeopardy
8/8/17
By: Paul H. Derrick
Automatic renewal provisions are ubiquitous in employment contracts, and many such contracts include non-compete obligations that limit the extent to which an employee can use his/her knowledge and skills on behalf of a competitor in the …
Homebuilder Defamed By Online Reviewer
8/8/17
By: Ze’eva R. Kushner
After approximately three years of litigation, a jury in Gwinnett County, Georgia recently found that a homebuilder had been defamed by an individual’s online review of the homebuilder and awarded the plaintiffs $120,000 in damages and …
Don’t Retaliate Over Spilled Milk
8/8/17
By: Timothy J. Holdsworth
The Ninth Circuit Court of Appeals recently held that an employer’s attorney can be held liable under the retaliation provisions of the Fair Labor Standards Act (“FLSA”). In Arias v. Raimondo, 860 F.3d 1185, 1186 …
Florida Statute of Repose Clarified
8/7/17
By: S. Jake Carroll
While the statute of limitations may limit a contractor’s exposure to claims for repair or replacement of defective construction work, many states have also enacted so-called “Statutes of Repose” designed to lay to rest any actions …
BILL TO ENACT SWEEPING CHANGES TO THE U.S. IMMIGRATION SYSTEM FACES STEEP ODDS IN CONGRESS
8/7/17
By: Kenneth S. Levine
On February 13, 2017, Senators Tom Cotton and David Perdue jointly introduced Senate Bill 354 (otherwise known as the “RAISE Act”). This legislation went largely unreported until August 2nd when the White House staged a …
HOW FAR CAN AN EMPLOYER GO IN USING APPLICANTS’ AND EMPLOYEES’ CRIMINAL HISTORY?
8/7/17
By: Rebecca J. Smith
California has not banned an employer’s ability to use the criminal history of an applicant or employee in making an employment decision adverse to the individual, however additional hurdles have been put into place for employers …