On August 31, 2018, President Trump signed an Executive Order which directed the Department of Labor (the “DOL”) and the Department of Treasury to consider regulations or guidance that would expand the availability of multiple employer plans (“MEPs”). A MEP is a type of retirement plan (e.g., a 401(k) plan) that different businesses can create… Read more
New York State issued final guidelines and an updated model policy in connection with the state’s recent Anti-Sexual Harassment Law. This legislation requires New York employers to adopt and distribute an anti-sexual harassment policy and begin conducting annual sexual harassment prevention training for employees, among other things. Last week, the state published an updated model… Read more
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
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
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
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
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
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
On May 2, 2018, Georgia Governor Nathan Deal signed the “Hands-Free Georgia Act” (House Bill 673) into law. The Act took effect on July 1, 2018 and aims to reduce the number of motor vehicle accidents and fatalities caused by distracted drivers. The new law makes it illegal for drivers to “physically hold or support,… Read more
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