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Showing posts with the label private right of action

House Republicans Unveil National Data Privacy Bill: Here’s What Employers and Businesses Need to Know

House Republicans just introduced sweeping federal data privacy legislation yesterday that could reshape how businesses collect, store, and use personal information, aiming to finally replace a growing patchwork of state laws with a single national standard . But the bill, known as the SECURE Data Act, faces significant hurdles before becoming law, so employers and businesses should approach it cautiously. This Insight will recap what you need to know about the bill and provide a few best practices all businesses can take when it comes to data privacy. What Is the SECURE Data Act? The Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act, introduced by Rep. John Joyce (R-Pa.) on April 22 and backed by House Energy and Commerce Committee Chair Brett Guthrie (R-Ky.), would create the first comprehensive federal consumer privacy framework in US history. The bill is the product of a Data Privacy Working Group that gathered input from more than 170 organizations a...

Arizona Considers Legislation to Deter DEI Programs and Policies

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A bill that has advanced to the Arizona Senate would allow employees to seek damages and injunctive relief against employers that violate state or federal laws prohibiting diversity, equity, and inclusion (DEI) “policies” and “concepts.” If passed and not vetoed, this legislation could increase uncertainty and liability for employers with programs and practices that could be labeled as unlawful DEI policies. 0:00 7:23 Quick Hits Arizona House Bill 2135 proposes a private right of action allowing employees to seek statutory damages against employers for violating DEI policies. The legislation could expose employers to significant liability, with minimum damages set at $100,000, amid growing federal scrutiny of lawful DEI initiatives. It is unclear at this time whether it will be passed and signed into law by the governor. Arizona House Bill (HB) 2135, titled “ Prohibited Diversity, Equity and Inclusion Policies ,” would create a private right of action under Arizona law against covered...

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

Congress enacted the No Surprises Act ( NSA ) to protect patients from unexpected medical bills . A central pillar of the  NSA  is its independent dispute resolution ( IDR ) process, under which payers and providers can submit disputed claims to binding arbitration. Since the IDR process under the NSA began in April 2022, hundreds of thousands of claims have been submitted. As arbitrators have handed down awards, largely in favor of providers, a critical question has emerged — are these final and binding judgments privately enforceable? Two recent federal decisions, one from the District of Connecticut and one from the Fifth Circuit, have reached opposite conclusions. Guardian Flight LLC v. Aetna Life Ins. Co. , No. 3:24-cv-680-MPS (D. Conn. May 14, 2025):   Private Right of Action Exists In  Guardian Flight LLC v. Aetna Life Insurance Co ., the District of Connecticut addressed whether air ambulance providers could bring suit in court to enforce unpaid or late-...

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

  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 “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences.  Background The individual plaintiff formerly worked for defendants at an automobile distribution facility in Jessup, Maryland, known as the Annapolis Junction . During this time, Teamsters Local Union 355 represented employees, including the plaintiff, working at the Annapolis Junction in negotiations to establish an updated collective bargaining agreement for the bargaining unit. On May...