Jackson Lewis P.C. • April 26, 2018
On April 17th, the National Institute of Standards and Technology (“NIST”), a component of the U.S. Commerce Department, released Version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework Version 1.1”), which incorporates feedback from NIST-led workshops, public comments, and questions received by NIST team members over the last two years.
Fisher Phillips • April 25, 2018
The gig economy continues to be a popular topic of discussion—for policymakers, politicians, lawyers, the media, and others. However, getting a good handle on the scope of the gig economy can be difficult at best. Traditional labor market data has not kept pace with new trends in the economy. As a result, getting good, hard demographic data can be challenging.
Jackson Lewis P.C. • April 24, 2018
Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit cards. Community Bank of Trenton v. Schnuck Markets, Inc. After the breach, and based on the terms credit card user agreements, the banks were required to issue new cards and reimburse its customers as required by federal law for financial losses due to unauthorized purchases. In the suit, the financial institutions sought to recover some of their costs from the grocery store chain that was allegedly responsible for the loss of the data. The losses were estimated by the Plaintiffs to be in the tens of millions of dollars. As discussed below, the banks were not successful.
Ogletree Deakins • April 22, 2018
Ring Recusal Request. On April 16, management attorney John Ring was sworn in as chair and fifth member of the National Labor Relations Board (NLRB). But before Ring even had an opportunity to learn where the coffee and bathrooms are located at 1015 Half Street, he was met with a motion to recuse himself from a pending case based on the fact that the firm where he previously worked had represented one of the parties involved. With a recusal “victory” under their belts as a result of the Hy-Brand Hijinks™, look for labor unions and their allies to play the recusal card quite often in the coming months. The Buzz predicts that this will have the effect of slowing down the Board’s policy agenda, which is the whole point, after all.
Jackson Lewis P.C. • April 22, 2018
On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of Justice (DOJ) for several years over the issue of whether Microsoft must comply with a U.S. search warrant for access to customer’s emails and other personal data within its “possession, custody or control”, regardless of whether such data is stored within the U.S. or abroad.
Fisher Phillips • April 18, 2018
The average internet user may be largely unaware that there are actually different “levels” of the internet. First, there is the surface level of the internet where companies post their webpages, and where employees may browse the news, shopping options, and Facebook. The surface level means that the internet is indexed, and can be accessed using a search engine such as Google.
Littler Mendelson, P.C. • April 17, 2018
Every minute of every workday, multinational employers rely on sophisticated HR information technologies to manage their global workforces. Laws worldwide regulate information technology, and so multinationals must comply, globally. Some laws regulating information technology expressly address the electronic tech context—for example, data security, data breach and data protection laws. These laws can be complex, but at least their application to electronic data processing is clear. These laws have been analyzed in detail in treaties, articles, conferences and webinars, for years. Separately, a different kind of law also regulates electronic recordkeeping, but in a way less understood in the electronic HR data context: old-school, legacy legal rules that predate the electronic era and that presuppose hardcopy paper documents.
Jackson Lewis P.C. • April 16, 2018
The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of Browning-Ferris Industries, 362 NLRB No. 186 (2015), the NLRB decision that made it easier for unions and employees to prove entities are joint-employers. The request followed a number of reversals by the Board on the joint-employer issue.
Employee engagement is always a key topic because of its close connection to an organization’s ability to retain its workers. An organization that ignores its employees does so at its peril. But is there risk in relying too much on employee input when making business decisions?
Ogletree Deakins • April 15, 2018
Ryan Retires. House Speaker Paul Ryan (R-WI) announced on April 11 that he won’t seek reelection in November. While Ryan is much more of a budget wonk than a labor guru, the Buzz will be monitoring the impacts of this decision in these coming months for a couple of reasons. First, Ryan’s retirement is another political blow to Republicans, who are hoping to retain control of the House in the November midterm elections. Second, Ryan’s departure is likely to have trickle-down effects on Republican House leadership, and whoever fills those positions will obviously have opinions on labor and employment issues and where they fit in their list of priorities.