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A PPP Dilemma: Can Employers Exclude Employees Who Refuse to Return to Work from their Loan Forgiveness Calculation?

Littler·

One of the most enticing reasons to obtain a loan under the Paycheck Protection Program (PPP) is the potential for the loan’s forgiveness.1 The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized the U.S. Department of the Treasury to create the PPP through the Small Busine

Pre-Employment Testing for Marijuana?

Goldberg Segalla·

In May 2019, Section 8-107 of title 8 of the NYC admin code was amended to make it unlawful for an employer and others to test for marijuana or THC as a condition of employment. This law becomes effective May 10, 2020. The NYC Commission on Human Rights is promulgating

Dear Littler: What to Do When an Employee Threatens Suicide?

Littler·

Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. What should we do to help our employee get the help she needs, and ensure we

Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS

Jackson Lewis P.C.·

In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the TCPA’s definition of Automatic Telephone Dialing System (ATDS) only

Agencies Publish Guidance for Employers on Responding to the 2019 Novel Coronavirus

Jackson Lewis P.C.·

The 2019 novel coronavirus continues to evolve and has been officially named COVID-19 by the World Health Organization replacing the previous 2019-nCoV designation. There are now over 46,000 confirmed cases across the globe, with the vast majority in mainland China, and 15 confirmed cases in the U.S

The Supreme Court and the Future of the TCPA

Jackson Lewis P.C.·

In a decision that may have significant impact on businesses that face Telephone Consumer Protect Act (“TCPA”) related class action litigation, the Supreme Court recently accepted certiorari of a petition to rule on the constitutionality of the TCPA. The Court agreed to review a ruling of the Fourth

WPI State of the States: New Year, New Legislative Trends

Littler·

The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills, ordinances, and regulations were considered at the state and local levels; mo

Privacy & Cybersecurity Issues to Watch in 2020

Jackson Lewis P.C.·

2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is

DOT Random Drug and Alcohol Testing Rates for 2020

Jackson Lewis P.C.·

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for 2020. All other random testing rates remain unchanged from 2019.

Littler Lightbulb: Tips for Handling Workplace Issues Related to the Big Game and Other Madness

Littler·

As we near two heavily followed sporting events—the Super Bowl and the March Madness NCAA basketball tournament—employers may notice flagging focus from employee fans. Because these events are popular and often available via streaming services, employees may be tempted to use work time and company r

Compliance with Changing State and Local Laws is Nonstop

Jackson Lewis P.C.·

In 2019, as in previous years, most of the new labor and employment law legislation was enacted at the state and local level.

Combating Improper Robocalls: The TRACED Act Signed into Law

Jackson Lewis P.C.·

In the final days of 2019, the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) was signed into law to combat the increasing number of illegal robocall practices and other intentional violations of telemarketing laws.

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws...

Jackson Lewis P.C.·

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, and the general public. They project an organization’s image and promote goodwill, provide information about products and services and allow for their purchase. Websites als

Compass® Newsletter – Winter 2020

Ogletree Deakins·

Articles in this issue D.C. Download Recruiting From Overlooked Employee Pools There’s an App for That! Risks and Tips Regarding Digital Workplace Apps