Oct 25, 2018

Federal Government Proposes To Expand HRA Use

HRA: Health Reimbursement Arrangements ACA

On October 12, 2017, President Trump signed an Executive Order which directed the Department of Labor, the Department of Treasury, and the Department of Health and Human Services (“Agencies”) to consider regulations or guidance that would expand the use of health reimbursement arrangements (“HRAs”), including the use of HRAs with individual health insurance coverage. The… Read more

Oct 24, 2018

Employer Obligations Regarding Election Day Leave

Vote Lapel Pins: Election Day Leave

With Election Day fast approaching, now is the time for employers to ensure they are in compliance with applicable laws relating to voting leave for employees. While there is no federal law governing voting leave, many state laws require employers to provide some form of leave for employees to vote. These laws are typically dependent… Read more

Oct 22, 2018

DOL Proposes to Relax Multiple Employer Plan Rules

401(k) MEP

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

Oct 8, 2018

New York State Publishes Final Guidance in Connection with Anti-Sexual Harassment Law

Anti-Sexual Harassment Law

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

Sep 20, 2018

Updated FCRA Model Disclosures Required Sept. 21, 2018

Deadline Ahead: Fair Credit Reporting Act (FCRA)

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 Ponemon Study: A 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… Read more

Sep 4, 2018

New York State’s Model Policy on Harassment

Sexual Harassment Prevention in NY State

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

Non-Compete Agreements

Massachusetts recently passed the Massachusetts Noncompetition Act (“Act”) which applies to non-compete agreements executed on or after October 1, 2018.  The Act applies only to employment-related non-compete 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 non-competes for… Read more

Jul 25, 2018

Cyber Insurance: Frequently Asked Questions

Cyber Insurance

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