Legal Updates

Hospitality Employers Take Note: Numerous Local Increases to the Minimum Wage Take Effect Now

With the start of the New Year, employers in the hospitality sector should prepare for new state- and local- minimum wage increases for their non-exempt employees.  To help multi-jurisdictional employers easily navigate these changes, we have prepared the chart below, which summarizes the new minimum wage rates that have taken effect on January 1, 2020, unless otherwise indicated.  Check back here in June for a summary of the new minimum wage rates that will take effect July 1, 2020.

Read full article

Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000 Independent Truckers Continue Reading…

On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect.  The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor.

The hastily passed and controversial statute has been challenged by a number of groups as being unconstitutional and/or preempted by federal law, including ride-share and delivery companies and freelance writers.

Read full article

New Jersey’s New Child Victims Act Expands Opportunity for Filing Abuse Claims and Removes Former Immunity for Non-Profit Organizations and Public Entities

On December 1, 2019, New Jersey’s Child Victim’s Act went into effect.  This new law opens a two-year “revival” period for individuals to assert civil claims of child abuse and to file claims against institutions and individuals, even if those claims had already expired and/or were dismissed because they were filed late.  Additionally, the new law also expands the statute of limitations for victims to bring claims of child sexual abuse to age 55 or until seven years from the time that an alleged victim became aware of his/her injury, whichever comes later.  Unlike other jurisdictions that have passed similar legislation, the New Jersey Child Victims Act limits suits to individual claims, and bars class action suits. Similarly, settlements of claims under the Act on a class basis are deemed against public policy.

Read full article

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New Independent Contractor Test Continue Reading…

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020.

Already, the California Trucking Association has filed suit challenging the statute.

As have freelance writers and photographers.

Now, it’s ride-share and delivery companies’ turn to file suit.

Read full article

New Interim Final Rule Creates End-to-End Encryption Carve-Out for ITAR Technical Data

The Department of State Directorate of Defense Trade Controls has published an interim final rule  seeking public comments and clarifying that certain transfers of encrypted technical data are not exports, reexports, or retransfers subject to the International Traffic in Arms Regulations. For the full article, please click HERE.

Torres Law previously published a news alert on November 18, 2019 regarding the potential publication of a new rule. The Interim Final Rule is effective on March 25, 2020, and interested parties may submit public comments by January 27, 2020.

Read full article

Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute

We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees.

The new law, known as AB 51, would also prohibit arbitration agreements that would require individuals to take affirmative action to be excluded from arbitration, such as opting out.  The law would also appear to extend to jury waivers and class action waivers. And it would include criminal penalties.

Read full article

California Puts a Foot On the Scale to Drive Unionization Higher: AB 1291 Mandates State-Sponsored Assistance in Organizing Cannabis Employees

As private sector unionization rates have continued to fall over recent decades, organized labor has increasingly turned to the state and local politicians it supports for assistance in the form of state legislation and local ordinances imposing burdens on employers and aid to unions, while depriving employees of the process and balance intended by the National Labor Relations Act (“NLRA”).  These often come in the form of “Labor Peace” requirements which mandate employers enter into agreements with unions that do not represent their employees as a condition of doing business with government entities or as a condition of entry into government controlled or regulated sectors.  The emerging legalization of marijuana and cannabis in California is one of the latest examples of this trend.

Read full article

10 cyber savvy holiday shopping tips

The holiday season is upon us, and with it comes a huge surge in cybercrime. Increasingly, hackers and cybercriminals are taking advantage of the increased volume of shopping this time of year to steal personal and financial information. In 2017, organizations reported a 57.5 % increase worldwide in attempted cyberattacks between Thanksgiving and New Year’s Day with spikes on Black Friday/Cyber Monday and a notable uptick in the days immediately following Christmas, according to Carbon Black’s 2018 Holiday Threat Report. This increased threat applies to both businesses and individuals.  Read more…

Read full article

Track and trace for Medicines. Amendments 2019

Under the Decree of the Government of the Russian Federation No. 1556 dated December 14, 2018 (hereinafter – Decree No. 1556), monitoring system of the medical drugs circulation should become effective from the January 2020 with the exception of medical drugs for healing high-cost ICD diseases, which have already been monitored from October1, 2019.

Read full article

NLRB: Employers May Restrict Employees’ Use of Email and Other IT Systems

Our colleague  .

Read full article