Sep 20, 2018

Updated FCRA Model Disclosures Required Friday, September 21, 2018


On September 12, 2018, the Bureau of Consumer Financial Protection issued new model forms for the Fair Credit Reporting Act (FCRA).  The new model forms, available here, incorporate the changes required by the Economic Growth, Regulatory Relief, and Consumer Protection Act, passed by Congress in May 2018.  Employers who utilize background checks for employees and… Read more

Sep 19, 2018

Reduction of Data Breach Costs – the 2018 Ponemon Institute Study


The Ponemon Institute LLC is involved in independent research and education dealing with data protection and information and privacy management practices. The 2018 Cost of a Data Breach Study is based on research sponsored by IBM Security and presents a global overview of data breach costs based on interviews with over 2000 IT, data protection… Read more

Sep 4, 2018

New York State’s Model Policy on Harassment


On August 23, 2018, New York State released its model sexual harassment prevention policy, a model sexual harassment complaint form, a model sexual harassment prevention training program, minimum standards for an employer’s sexual harassment prevention policies and trainings, and a list of frequently asked questions regarding the new requirements for employers in accordance with the… Read more

Aug 22, 2018

The Massachusetts Noncompetition Act Significantly Alters Requirements for Employment Agreements Containing Non-Compete Clauses


Massachusetts recently passed the Massachusetts Noncompetition Act (“Act”) which applies to noncompetition agreements executed on or after October 1, 2018.  The Act applies only to employment related noncompetition agreements and agreements that provide for forfeiture for competition.  As such, nonsolicitation and nondisclosure agreements and/or clauses are unaffected. As an initial matter, the Act prohibits noncompetes… Read more

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