Compliance Stuff

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...

Government contractors are familiar with the “government contractor defense” that can limit liability for work performed under a federal contract. The defense is often discussed through two classic Supreme Court cases: (1)  Yearsley , sometimes described as “derivative sovereign immunity,” and (2)  Boyle , which recognized federal preemption of certain state-law tort claims. While powerful, neither is a blank check. The Supreme Court has now clarified how these doctrines apply, while signaling a narrower focus in general. Merely having a federal contract, even in a combat zone, may not be enough to shield you from liability. Clear contractual instruction and compliance with those instructions will be critical to contractors going forward. The case is  Hencely v. Fluor Corp. , decided April 22, 2026. Let’s get into it. A grisly case. By the time a case hits the Supreme Court, it has concentrated down to one or a few very high-level legal issues. Yet, the facts matter, and ...

The US Department of Labor just proposed a new rule to give businesses greater clarity and reduced liability around joint employer status under federal wage and hour law, and few industries will benefit as much as staffing. How the DOL defines joint employment has direct consequences on how you structure client relationships, negotiate service agreements, and manage your co-employment exposure. Here’s a quick recap of what the DOL just proposed and a staffing-specific guide for what this means for your business model. Quick Recap of New Joint Employer Proposal The DOL’s Wage and Hour Division released a proposal outlining a four-factor test to determine when two businesses are legally considered joint employers under the FLSA, FMLA, and MSPA. With no single factor being dispositive, the test examines whether: a business hires or fires the employee; supervises and controls their work schedule or conditions of employment to a substantial degree; determines their rate and method of payme...

  The plaintiffs’ bar has been ramping up lawsuits for alleged violations of state and federal wiretapping laws (e.g., California CIPA, Florida SCA, Federal ECPA) for many months now. Historically, the main issue has been that the defendant did not get the necessary consent because they did not try to do so, meaning there was no cookie consent mechanism in place. Recently, the claims have shifted, and plaintiffs are taking issue with whether and how your cookie banner actually performs. When “Reject” Doesn’t Actually Mean Reject A scenario plaintiffs’ counsel loves is the following: A user lands on a website. A cookie banner pops up. The user clicks “Necessary Cookies Only” or toggles off every non-essential category (performance, functional, targeting, the works). The banner disappears. The user browses assuming that the tracking has stopped, when, in actuality, analytics and advertising tags continue to fire. This scenario has now been the subject of many complaints, often suppor...

With Mother’s Day and Father’s Day approaching, employers may want to consider the benefits and protections afforded to employees who become pregnant or welcome a child to the family, as well as the employer’s legal responsibilities. Quick Hits Federal and state laws prohibit employment discrimination, harassment, and retaliation based on pregnancy. Employers may be required to provide leave and reasonable accommodations for employees experiencing pregnancy or childbirth, undergoing fertility treatments, or breastfeeding. Applying benefits and accommodations consistently can help employers reduce legal risk.   Legal Protections Several federal laws provide benefits and protect pregnant workers from discrimination, harassment, and retaliation in the workplace. In 1978, the Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on pregnancy. Many states have similar laws providing benefits and legal protections for p...