Compliance Stuff

Federal contractors may need to be prepared to increase pay for employees working on, or in connection with, covered federal government contracts. The hourly minimum wage for employees performing work on federal contracts will rise from $17.20 to $17.75 on Jan. 1, 2025, the Department of Labor (DOL) has  announced . The new minimum wage rate will apply in full to tipped and non-tipped employees alike, as well as to workers with disabilities. Contracts entered into, renewed, or extended prior to Jan. 30, 2022, generally remain subject to the minimum wage rate under Executive Order 13658. The operative minimum wage for those contracts will increase from $12.90 to $13.30 per hour. There are a number of pending lawsuits challenging the Biden Administration’s authority to impose the minimum wage increase for federal contractors. It is unlikely these cases will be resolved prior to Jan. 1. Employers should not count on a reprieve before the mandated wage hike takes effect. 500,000 Emplo...

  On October 1, Montana became the newest state with a comprehensive data privacy law, the   Montana Consumer Data Privacy Act . Application The MCDPA applies to any persons who conduct business in Montana or produce products or services targeting residents in Montana and who Control or process the personal data of more than 50,000 consumers, except for personal data controlled or processed for payment transaction purposes; or   Control or process the personal data of more than 25,000 consumers and derive more than 25 percent of their gross revenue through the sale of personal data. Exemptions The following entities are exempt from the MCDPA: Any Montana body, authority, board, bureau, commission, district, agency or, political subdivision. Non-profit organizations. Institutions of higher education. National securities associations registered under the federal Securities Exchange Act of 1934. Financial institutions and their affiliates governed by Title V of the Gramm-Lea...

  A recent decision from the Northern District of California,   UAB “Planner5D” v. Meta Platforms, Inc.  addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as traditional attachments for purposes of discovery. The ruling provides important guidance for litigators managing electronically stored information (ESI) and highlights the burdens involved in producing hyperlinked documents. The Background In this case, the plaintiffs requested that Meta produce hyperlinked documents referenced in emails and other materials that had already been produced during discovery. The plaintiffs argued that these hyperlinked documents should be treated like attachments, which parties are generally required to produce along with their parent emails. Meta opposed the request, asserting that hyperlinked files are fundamentally different from attachments. According to Meta, producing hyperlinked documents would require a m...

  It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of some critical developments we tracked in September and a checklist of the essential items you should consider addressing in October and beyond. _____ Get ready for Election Day.  Employers have their hands full this election season – and FP is here to help. Do your employees get  time off to vote ? If you’re in California, did you know you need to  post a notice  informing employees of their paid-time-off-to-vote rights by October 26? What are  your rights and responsibilities as an employer  during election season? Visit our  Election Season Resource Center  to review all our thought leadership and practical resources. _____ Create your year-end checklist.  As the final qua...

  A new US National Cybersecurity Alliance   survey   shows that over one-third (38%) of “employees share sensitive work information with artificial intelligence (AI) tools without their employer’s permission.” Not surprisingly, “Gen Z and millennial workers are more likely to s hare sensitive work information without getting permission.” The problem with employees sharing workplace data with chatbots is that if a worker inputs sensitive personal information or proprietary information into the model, that information is then used to train the model. If another user enters a query that the original information is responsive to, then the sensitive or proprietary data is provided in the response. That’s how generative AI works. The data disclosed is used to teach the model and is no longer private. According to Dark Reading, several cases illustrate how significant the risk of employees sharing confidential information with chatbots is: “ A financial services firm integrate...

  The Office for Civil Rights of the Department of Health and Human Services (OCR) announced on September 26, 2024, that it had entered a   settlement   with Cascade Eye and Skin Centers (together, Cascade) for $250,000 following an investigation of a ransomware attack against them. This is the fourth settlement against a victim of a ransomware attack. According to the OCR’s press release, “ Ransomware and hacking are the primary cyber-threats in health care. Since 2018, there has been a 264% increase in large breaches reported to OCR involving ransomware attacks.” The OCR’s investigation found that 291,000 files were affected by the attack. During its investigation, it alleges that Cascade potentially violated HIPAA by failing to conduct a risk analysis and to have sufficient monitoring of its systems to prevent a cyber-attack. The settlement is a stark reminder to covered entities and business associates that even if you are a victim of a criminal attack, you are still ...

  California Gov. Gavin Newsom’s approach to artificial intelligence legislation reveals a strategic focus on balancing innovation with oversight. He has vetoed some bills such as Senate Bill 1047, which proposed establishing strict safety standards and an oversight framework for advanced AI models, but he has approved others that target the integration of AI within specific business practices. For instance, AB 2602 and AB 1836 were signed into law to safeguard personal digital likenesses, reflecting a commitment to individual privacy in the face of advancing technology. Additionally, AB 1008, which clarifies AI-driven personal data management under the California Consumer Privacy Act (CCPA), was enacted to address concerns related to data transparency and consumer rights. Furthermore, the enactment of AB 2885 establishes a uniform definition of AI in California, which will provide much-needed clarity and consistency for employers and legislators alike. These actions underscore a n...

On Sept. 29, California Gov. Gavin Newsom signed into law  Assembly Bill 2123 . Beginning on Jan. 1, 2025, AB 2123 will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave (PFL) insurance benefits paid by the state (or by their employer, if the company has an approved voluntary plan that applies in lieu of the state program). AB 2123 represents the latest piecemeal change California has made to its PFL program in recent years, following prior amendments that have, for example, removed the ceiling on taxable wages for employee contribution purposes, increased the monetary benefits an individual might receive, extended the amount of time PFL benefits might be available from six to eight weeks, and expanded covered uses to include qualifying military exigencies. Why Require Two Weeks of Vacation Before an Employee Can Receive Benefits? For some employers—and the state—there c...

  New Hampshire Notice of Veterans’ Benefits and Services Poster On July 19, 2024, Governor Chris Sununu signed Senate Bill 588 ( SB 588 ), which requires employers to post a new notice of veterans’ benefits and services poster in the workplace.     New Hampshire’s Department of Labor Commissioner, in consultation with the Department of Business and Economic Affairs and Office of Workforce Opportunity, are required under SB 588 to develop a new veterans’ benefits and services notice with the following information:   “(a) Contact and website information for the New Hampshire department of military affairs and veterans services;   (b) Information about substance abuse and mental health treatment resources;   (c) Educational, workforce, and training resources;   (d) Resources for tax benefit information;   (e) Information about obtaining a veteran’s indicator on a state driver’s license or non-driver picture identification card;   (f) Info...