We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics
Regulatory Rollback: CFPB’s Withdrawal of Informal Guidance Sparks New Litigation Dynamics – The Consumer Finance Podcast
Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
On September 4, 2025, in a 6-3 decision, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits that a plaintiff need not prove he or she was a “bona fide” applicant to recover damages under...more
On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more
As of July 27, 2025, employers with Washington employees have less time to respond to requests for personnel files, and have greater obligations and exposure to litigation related to doing so. With the passage of HB 1308,...more
For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more
Background: the sick leave law that was—and wasn’t - Missouri employers are preparing for another pivot in the state’s paid leave requirements. Just months after businesses scrambled to comply with new sick leave rules...more
Washington law has long given employees the right to inspect their personnel records and former employees the right to receive a written statement about the reasons for their termination – but, until now, employers faced no...more
Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...more
Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However,...more
As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more
As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more
Once again, the New York State legislature has initiated legislation that would ban nearly all employee non-competes. Introduced on February 10, 2025, Senate Bill S4641A seeks to prohibit non-compete agreements for health...more
Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test....more
This month, Ohio joined the list of states with pending legislation to ban noncompetes.* With the FTC noncompete ban blocked on a nationwide basis last year, Ohio lawmakers introduced a bill on February 5, 2025, that would...more
On September 26, 2024, New York City published updated frequently asked questions (FAQs) for the New York City Earned Safe and Sick Time Act (ESSTA) in light of the New York City Department of Consumer and Worker Protection’s...more
While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more
The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more
On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more
Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act...more
Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...more
On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more
Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York...more
In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more
In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more
In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more
The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more