An amendment to the Fair Labor Standards Act (FLSA) in the omnibus budget bill, “Consolidated Appropriations Act, 2018,” passed by Congress and signed by President Donald Trump on March 23, 2018, provides that an employer “may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.”
With a newly seated Labor Board and a new General Counsel, we are likely to see a shift in initiatives and priorities which impact union organizing.
The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has held in a unanimous decision. Digital Realty Trust, Inc. v. Somers, No. 16-1276 (Feb. 21, 2018).
Most multinational companies, and of course EU-based companies should be in the process of ensuring GDPR compliance by May 2018. But what about if you are a US-based company with no direct operations in the EU? Do you think you are free of the GDPR’s reach? Think again!
With the continuing parade of high profile data security breaches, the concern U.S. organizations have about the security of their systems and data has been steadily growing. Almost every organization processes (collects, uses, stores, or transmits) individually identifiable data. Much of this data is personal data, including employee data, which brings heightened privacy and security responsibilities and obligations. For certain entities, these responsibilities and obligations are about to increase significantly. On May 25, 2018, the EU General Data Protection Regulation (GDPR) goes into effect. This is a game changer for those organizations subject to the jurisdiction of the GDPR, and not just because of its new data breach notification provision. The GDPR contains expanded provisions for data collection, retention, and access rights unlike those they are used to in the U.S. that will create substantial challenges for U.S. employers processing their EU employee data.
While the “Top 10 for 2018” list is by no means exhaustive, it provides key issues organizations should consider in 2018.
The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee. Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether an employer can be held vicariously liable under the UK’s Data Protection Act 1998 (DPA) (c 29) for a data breach committed by an employee. These kinds of cases are important reminders that irrespective of jurisdiction, malicious insiders, in particular disgruntled former employees, with access to data that external hackers can’t easily reach, often cause some of the most costly data breaches.
New handling regulations for ERISA disability claims will go into effect on April 1, 2018, the Department of Labor (DOL) has announced. The agency confirmed that the regulations are final, without changes. The regulations were effective January 2017, but were delayed until April 1, 2018.
Sexual harassment continues to be a significant workplace problem that has moved front and center with continuing prime-time media coverage.
March 14, 2018 – 6:00 PM to March 16, 2018 – 1:00 PM Jackson Lewis’ Corporate Counsel Conference addresses the significant legislative and regulatory developments in workplace law and provides opportunities for discussion and collaboration about these topics. Our upcoming program will feature a robust discussion about the recent increase in sexual harassment claims in […]