Jul 25, 2018

Cyber Insurance: Frequently Asked Questions

What is cyber insurance? Cyber insurance is a type of insurance that can help protect a business in the event of a data breach, network security failure, or other cyber threat, and from risks relating to information technology infrastructure and activities. Cyber insurance is a fairly new concept.  The first stand-alone cyber insurance policies appeared… Read more

Jul 24, 2018

Persuader Rule

department of labor

On March 23, 2016, we alerted you regarding the Persuader Rule, when the Office of Labor-Management Standards published a final rule, revising the interpretation of the “advice” exemption of section 203(c) of the Labor-Management Reporting and Disclosure Act (“LMRDA”). However, on July 17, 2018 the Department of Labor (“DOL”), in a news release, rescinded the Persuader Rule,… Read more

Jul 2, 2018

New York’s Court of Appeals Reminds You to Know Your Limitations

NDA Agreement

Recently, New York’s highest court, the Court of Appeals, held that New York State’s “borrowing statute” for statute of limitations applies for non-resident plaintiffs even when the contracting parties have agreed that their agreement would be “enforced” according to New York law.  The result was dismissal of the complaint based on a Canadian two-year statute… Read more

Jun 25, 2018

NLRB Addresses Employee Handbook Standards Since Boeing

On June 6, 2018, the Office of the General Counsel for the National Labor Relations Board (“NLRB”) released a memorandum of Guidance on Handbook Rules (Memorandum GC 18-04) since its decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017) created a new standard for workplace handbook policies that balances the employee’s protected… Read more

May 31, 2018

July 1, 2018 Filing Deadline Under OSHA Electronic Reporting Rule

OSHA’s new electronic reporting rule took effect on January 1, 2017. It requires certain employers to electronically submit injury and illness data which they are required to record on their onsite OSHA injury and illness forms. Under the final rule published in May 2016, employers with 250 or more employees and employers with between 20-249… Read more

May 29, 2018

New Maryland Law Requires Disclosure of Sexual Harassment in the Workplace

Sexual Harassment Complaint

On May 15, 2018, Governor Hogan signed into law the “Disclosing Sexual Harassment in the Workplace Act of 2018” (the “Act”). The Act will go into effect on October 1, 2018, and it contains two requirements for Maryland employers. First, regardless of size, Maryland employers will be prohibited from including in an employment agreement, contract,… Read more

May 23, 2018

Summer Internships: Should they be paid or unpaid?

Intern Receiving Help at Computer

Summer is almost here, which means that students are trading in their flip flops and sunglasses for suits and padfolios as they prepare to start their summer internships. It is important that the for-profit companies, gearing up to welcome these eager students into their workplace for the summer, are informed of and comply with the… Read more

May 22, 2018

U.S. Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements

arbitration agreement

On Monday, May 21, 2018, the U.S. Supreme Court, in Epic Systems Corp. v. Lewis, upheld the enforceability of class action waivers in arbitration agreements between employers and their employees. Justice Gorsuch delivered the opinion for the 5-4 majority holding that courts are required under the Federal Arbitration Act (“FAA”) to enforce arbitration agreements providing… Read more

May 21, 2018

Disappearing Data: WHOIS Blackout Will Likely Start May 25, 2018

Worldwide Data Privacy

WHOIS, a protocol used to query databases for domain name ownership information, will likely be widely unavailable while the Internet Corporation for Assigned Names and Numbers (ICANN) works on adopting an interim model that will allow domain name registrars to comply with privacy obligations while still preserving as much WHOIS data as possible. The General… Read more