On August 12, Mahesh Nattanmai, New York’s Chief Health Information Officer, issued a notice letter (“the notice”) on behalf of the New York State Department of Health (“Department”) requiring healthcare providers to use a new notification protocol for informing the Department of a potential cybersecurity incident. The updated protocol is considered effective immediately from a healthcare provider’s receipt of the notice letter.
Top Five Labor Law Developments for July 2019
The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she divulged confidential wage information. Centura, 27-CA-234214 (Adv. Mem. June 24, 2019, released July 16, 2019). As the employee was applying for higher-paid positions with the employer, the employer received an anonymous tip that the employee disclosed to a colleague employee salaries information she obtained in her HR role. After the employer had fired the employee for the unauthorized disclosure, it emerged that the employee did not make the alleged disclosure.
Labor Board Proposes Modifications to Union Election Procedures
The National Labor Relations Board’s (NLRB) proposal to amend its union representation procedures regarding blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships was published in the Federal Register on August 12, 2019.
Third Circuit Joins Majority in Rejecting “De Facto Administrator” ERISA Theory
The U.S. Court of Appeals for the Third Circuit joins the Second, Seventh, Eighth, Ninth, and Tenth Circuits in declining to impose liability on alleged de facto plan administrators. Under Section 502(c) of ERISA, a plan administrator may be liable and subject to penalties for failing to comply with a participant’s request for information which the administrator must provide within 30-days from the request. The Third Circuit addressed whether a participant could sue a “de facto plan administrator” for failing to provide information timely.
Does the CCPA Apply to Your Business?
The California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy laws to date, is set to take effect January 1, 2020. In short, the CCPA places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Wondering whether they will have to comply, many organizations are asking if the law will apply to them, hoping that being too small, being located outside of California, or “only having employee information,” among other things, might cause them not to have to gear up for CCPA.
Congress Questions DHS on Immigration Processing Delays
The House Judiciary Committee Subcommittee on Immigration and Citizenship asked the Department of Homeland Security to account for the delays in immigration processing at a hearing on July 16, 2019.
New York Expands Harassment Laws, Protections of Religious Attire, Clothing, or Facial Hair
New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable.
California Legislature Considers Electronic Notification for Fatalities and Serious Injuries
Under current California law, an employer with an establishment in California must report a serious work-related injury, illness or death that occurs at the employer’s place of employment or in connection with their employment to the Division of Occupational Safety and Health by telephone or email within 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness.
Will Student-Athletes on F-1 Visas be Affected by the Fair Pay to Play Act ?
California SB 206 would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. How may the new law, which is in the final phases of approval, affect international student-athletes?
Illinois Enacts Workplace Harassment Law, Creating New and Expanded Obligations for Employers
Employers in Illinois will have new obligations related to employment contracts, training, and agency oversight under a wide-ranging bill signed by Governor J.B. Pritzker on August 9, 2019, that is intended to combat workplace harassment and provide greater protections for employees.
The New Normal: Sustained Rise in Worksite Immigration Raids
Six hundred and eighty workers from seven poultry processing plants across Mississippi were arrested by ICE in what was the largest workplace raid in a decade. Raids of this size require complex logistics and months of preparation. This raid has been in the planning stages for a year. “Sources close to the Department of Homeland Security said they recognized that the optics were difficult following the El Paso shooting. But preparation for the operation had been underway, with hundreds of government operatives flown in days ago.”
Licensed by Your State’s Insurance Commissioner? Comprehensive Data Security Requirements Are Headed Your Way
Most businesses in the insurance industry have one thing in common – they collect and maintain significant amounts of sensitive, nonpublic information including personal information. Not surprisingly, insurance-related businesses are a target of cyberattacks and a few have faced some of the largest data breaches reported to date. Beyond the headlines, however, small and mid-sized insurance companies face similar risks, and governments have stepped up their scrutiny of cybersecurity.
NLRB Issues Proposed Rules To Modify Portions Of Its Election Procedures
The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures. According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which will be published in the Federal Register on Monday and be subject to a comment period, would affect the Board’s blocking charge rule, voluntary recognition bar and collective-bargaining relationships in the construction industry:
OFCCP Introduces Ombudsman and Online Contractor Assistance Portal
Though we may be in the height of summer, there is no slowing down for OFCCP. Following last week’s ILG National Conference, OFCCP has continued to release additional guidance and assistance for contractors. Most recently, OFCCP has introduced its Ombudsperson and unveiled a Contractor Assistance Portal.
With Broad FMLA “Benefits” Interpretation, Sixth Circuit Faults “No-Fault” Attendance Policy
Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies. As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir. Aug. 8, 2019), one misstep can lead to potential FMLA liability.