Alerts
Do Amendments to Terms of Service Require Affirmative Consent?
Many websites and Internet-based services rely on standard click-through terms and conditions, often referred to as “browse-wrap agreements”. These agreements usually provide that the service provider may amend the browse-wrap agreement at any time, and a user’s continued use of the website or service is considered consent to the amendment. The general industry practice is to provide notice to users of an amendment via email without requiring affirmative acknowledgement or consent to the amendment. However, in Sifuentes v. Dropbox, Inc., a recent decision from the Northern District of California, the court found this standard practice to be insufficient to bind a user to the amendment. Read more.
July 27, 2022
Alerts
Is a Seldom-Used Vacation Home a “Permanent Place of Abode” for NY Income Tax Purposes?
In a significant recent decision, In the Matter of Nelson Obus et al. v. New York State Tax Appeals Tribunal, ___ NYS3d ___, 2022 NY Slip Op. 04206 (06/30/2022), the New York Supreme Court, Appellate Division, Third Department, reversed a previous Tax Appeals Tribunal decision concluding that a vacation home constituted a “permanent place of abode” for purposes of New York’s 183-day statutory residence rule. Read more.
July 13, 2022
Alerts: Employment Law
June 30th is the Deadline for Employers to “Invest In” California’s New Mandatory Retirement Plan
The California Legislature has passed a new mandatory law requiring companies with more than five California-based employees (one of whom is at least 18 years old) to offer a retirement plan to their employees and report their compliance with the law by June 30, 2022. Read more.
June 27, 2022
Alerts: Privacy & Data Security Law
Privacy News for Q2 2022
A summary of privacy news and trends we have seen in the first half of 2022. Read more.
June 2, 2022
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Alerts: Employment Law
New York City Employers Must Provide Salary Ranges in All Job Postings Effective November 1, 2022
The New York City Council recently amended the Salary Transparency Requirement and delayed its effective date until November 1, 2022 ("Recent Amendment"). Read more.
May 9, 2022
Alerts
Website Accessibility: Department of Justice Issues New Guidance
On March 18, 2022, the Department of Justice ("DOJ") published guidance on website accessibility. The guidance focuses on how state and local governments (Title II of the ADA) and “public accommodations” (Title III of the ADA) can remove unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. Read more.
April 4, 2022
Alerts: Employment Law
COVID-19 Supplemental Paid Sick Leave Returns to California
Starting February 19, 2022, California employers will once again have to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”). Read more.
February 17, 2022
Alerts: Employment Law
New York City Employers Must Provide Salary Ranges in All Job Postings Beginning May 15, 2022
A recent amendment to the New York City Human Rights Law ("NYCHRL") requires employers to provide a salary range in all job postings starting on May 15, 2022. Read more.
February 14, 2022
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Alerts: Privacy & Data Security Law
Does Your Loyalty Program Violate the CCPA?
California Attorney General Rob Bonta tweeted and released a statement that his office has sent warning letters to businesses in a variety of industries for alleged failure to comply with CCPA. Read more.
February 3, 2022
Alerts: Employment Law
Three New Employment Laws Every California Employer Needs to Know Heading into 2022
Tricia Legittino summarizes the top three new laws all California employers need to know in the new year. Read more.
January 4, 2022
Alerts: Employment Law
Are You Up-To-Date on Federal, NYS, and NYC Employment Law Changes for 2022?
As we near the end of another year of COVID-19 and face yet more surges in cases, governments are working to adapt in order to keep employees safe. In addition to new COVID-19 laws and regulations, incoming New York State Governor Hochul has signed a number of other laws affecting employers. Read more.
December 21, 2021
Alerts: Employment Law
Update on NYC Private Sector Vaccine Mandate
By way of reminder, on December 6, the City of New York announced a vaccine mandate for all private sector employers, effective December 27, 2021 (the “Order”). Further guidance on the Order was issued December 15. Read more.
December 16, 2021
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Alerts: Employment Law
Vaccine Mandate Update: US Department of Labor Issues Emergency Temporary Standard Regarding Mandatory Vaccination Policies
On November 4th, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a new emergency temporary standard to protect workers from the spread of the coronavirus in the workplace. Read more.
November 4, 2021
Alerts: Employment Law
Changes to Face Mask and Social Distancing Requirements in Updated NY HERO Act Model Plan
As discussed in our previous alerts and blog posts, the New York Health and Essential Rights Act (the “NY HERO Act”) requires employers to among other things maintain, and upon designation by the NYS Commissioner of Health, implement, an “airborne infectious disease” plan that meets certain minimum standards. Read more.
September 28, 2021
Alerts: Privacy & Data Security Law
iOS 15 Brings New Privacy Controls That Will Impact Advertising Initiatives
After months in beta, Apple is releasing iOS 15 to the public. Building upon the Privacy Nutrition Labels and App Tracking Transparency (ATT) framework introduced in iOS 14.5, iOS 15 introduces new privacy controls that will impact brand marketing initiatives and the ad tech ecosystem. Although these controls are not an iOS 14.5-caliber seismic event, they are yet another example of how platform providers have become de facto regulators of privacy. Read more.
September 20, 2021
Alerts: Employment Law
Employers Must Implement NY HERO Act Safety Plans Now
On September 6, 2021, Governor Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans that are in compliance with HERO Act standards. Read more.
September 8, 2021
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Alerts
Supreme Court Declines to Clear Up Telecommuter State Tax Issues Triggered by the Pandemic
One outcome of the COVID-19 pandemic is that remote work arrangements (whether full-time or hybrid) are here to stay. These arrangements raise difficult tax issues when employees work from home in one state for an employer whose office is in another state because the patchwork of state income tax rules applicable to such arrangements are often inconsistent and confusing. Read more.
July 7, 2021
Alerts: Privacy & Data Security Law
New York City Restricts Collection of Biometric Identifiers
Major US municipalities are lining up to regulate business use of technologies to collect biometric identifiers and information. For example, Portland, Oregon, banned the use of face recognition technologies earlier this year. Now, New York City businesses must comply with a new law too: Effective July 9, 2021, any commercial establishment in New York City that collects, retains, converts, stores or shares biometric identifier information of customers must disclose such activity using clear and conspicuous signage near all customer entrances. Read more.
July 7, 2021
Alerts: Employment Law
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
June 16, 2021
Alerts: Employment Law
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
June 4, 2021
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Alerts: Employment Law
New York HERO Act Imposes New Health and Safety Rules on Employers
On May 6, 2021, Governor Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. Read more.
May 7, 2021
Alerts
Key Tax Law Changes Appear in New York State 2021-2022 Budget
While much attention understandably has been paid to the U.S. federal tax changes recently proposed by President Biden, clients that pay taxes in New York should also note several New York tax law changes included in the recently-approved New York State 2021-2022 Budget. Read more.
April 13, 2021
Alerts: Employment Law
What Employers Need to Know About the American Rescue Plan Act
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, promising $1.9 trillion in relief related to the COVID-19 pandemic including certain relief for workers. Read more.
March 23, 2021
Alerts: Employment Law
California Enacts COVID-19 Supplemental Paid Sick Leave 2021
On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. Read more.
March 22, 2021
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Alerts
New York State Reopens—and Increases Capacity for—Restaurants and Entertainment Venues
While face coverings and 6 feet social distancing are still required, New York businesses are eager to reopen to the public and increase their capacities. We give a rundown of New York State reopening and increased capacity for restaurants, stadiums, arenas, arts and entertainment, amusement centers, movie theatres and in-person catered events. Read more.
March 9, 2021
