ILN Today Post

As pressure mounts on the US to pass data privacy legislation in 2021, businesses should prepare for compliance

Global data privacy legislation has steadily advanced over the past several years.

One of the most comprehensive and well-known laws is the General Data Protection Regulation (GDPR), governing personal data originating in the European Union, which went into effect in 2018. Many countries, including Brazil, Japan, and Australia, have followed suit and enacted similar legislation to regulate industries and protect certain rights of consumers, businesses, and other parties that are affected in their respective territories. Late in 2020, China, on a similar path, released draft legislation, the Personal Data Protection Law (PDPL), that is moving toward passage. The United States, however, still lacks a comprehensive law at the federal level, relying instead on a patchwork of state laws to protect data privacy rights, resulting in confusion across the country and costly compliance for U.S. businesses. Read more…

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Ninth Circuit Delivers Complete Victory to Walmart on Wage Statement Claims and Rejects Article III Standing to PAGA-Plaintiffs Without Personal Injury

On May 28, 2021, the Ninth Circuit Court of Appeals delivered a win to Walmart in a lawsuit brought by Roderick Magadia (“Magadia”) alleging violations of California’s wage statement and meal break laws.

The Ninth Circuit overturned a $102 million dollar judgment issued by United States District Judge Lucy H. Koh – comprised of $48 million in statutory damages and $54 million in civil penalties under California’s Private Attorneys General Act (“PAGA”).  It did so because it found that Magadia lacked Article III standing because he could not establish that he suffered any alleged meal break violations, and because Wal-Mart had provided compliant wage statements – contrary to the finding of the district court.

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Video: States Adjust COVID-19 Regulations and OSHA ETS Released – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the ways in which states are relaxing COVID-19 restrictions and discuss the much-anticipated Occupational Safety and Health Administration (“OSHA”) emergency temporary standard.

States Adjust COVID-19 Regulations to Align with CDC Guidance

States are relaxing or lifting COVID-19 regulations in different ways to align with the latest guidance from the Centers for Disease Control and Prevention (“CDC”), causing confusion for many employers. The CDC’s guidance does not provide a recommended mechanism for confirming vaccine status, which is also leading to different regulations in different states. Read more about changes in CaliforniaIllinois, and New York.

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COVID Re-Opening Phase 5: What Now for Illinois and Chicago Businesses?

On June 11, 2021, Illinois and the City of Chicago entered Phase 5 of its five-stage reopening plans. As part of the transition, Illinois released Executive Order 2021-12 (the “Phase 5 Reopening Order”) and new Phase 5 Guidance. Chicago also issued Phase 5 Recommendations and provided a helpful graphic that provides additional recommendations, which apply to all businesses. For Illinois and Chicago businesses, Phase 5 means a lifting of many COVID-19 restrictions across industries. Although businesses can start operating closer to normal, Phase 5 is a new normal that still includes social distancing and masking recommendations that should be on your Company’s radar.

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ILN Today Post

Α financial “breath” for the film industry

A Common Ministerial Decision (Ν. 24907/2021 – Government Gazette – B’ 1820 / 29.04.2021) has been issued recently in Greece according to which a total amount of 8,000,000 euros will be granted as a support measure for cinemas and film distributors that have been affected by the restrictive measures due to Covid-19 pandemic, as part of the initiatives taken for the support of the sector of culture who has suffered particularly badly. According to members of the Government, this program is part of a general plan of initiatives for the practical support of the sector of culture, with both horizontal and specialized measures.

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ILN Today Post

Howard & Howard Congratulates Attorneys Named to Nevada Business Magazine’s 2021 ‘Legal Elite’ and ‘Best Up and Coming’

ROYAL OAK, Mich., June 15, 2021 – Royal Oak, Mich.-based Howard & Howard is proud to recognize our five attorneys named to Nevada Business Magazine’s “Legal Elite” and “Best Up and Coming” attorneys for 2021.

The Howard & Howard attorneys named to the 2021 “Legal Elite” list are as follows:

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ILN Today Post

2021 maximum charges for copies of medical records in Illinois

In Illinois, health care facilities and practitioners shall be reimbursed for all reasonable expenses by the person requesting copies of records, including the costs of independent copy service companies, handling charges for processing the request, and the actual postage or shipping charge, if any, plus copy charges. The Illinois Code of Civil Procedure (735 ILCS 5/8-2001(d)) initially set the maximum fees that can be charged and the actual dollar amount is adjusted annually by the Comptroller for the State of Illinois. Read more…

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ILN Today Post

E-LEGAL® NEWSLETTER – MAY 2021

I. EDITORIAL – INJUNCTION PROCEDURE ON LEASES; LIMITATIONS ON THE REDACTION OF GENERAL CONTRACTUAL CLAUSES; PORTUGUESE CHARTER OF HUMAN RIGHTS IN THE DIGITAL AGE; EXCEPTIONAL AND TEMPORARY SUSPENSION OF ESSENTIAL SERVICES SUPPLY CONTRACTS

The month of May was marked, at the legislative level, by the approval and publication, on the one hand, of the Decree-Law no. 34/2021, of May 14, approving the Injunction Procedures for Leases (IMA) and, on the other hand, of Law no. 32/2021, of May 27, which establishes limitations on the redaction of contractual clauses and provides for the creation of a system for the control and prevention of abusive clauses, amending Decree-Law no. 446/85 of 25 October 1985, which establishes the legal framework for general contractual clauses. Read more…

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Nevada Amends Law Regulating Noncompetition Covenants

Governor Steve Sisolak recently signed Assembly Bill 47, which amends Nevada’s statute governing noncompetition agreements (Nevada Revised Statutes 613.195).  Employers should be aware of the following changes to the law, which will go into effect on October 1, 2021.

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ILN Today Post

Case dismissed: Employees lose challenge to mandatory vaccine policy

The issue of mandatory vaccines has been a sensitive one for employers. Although the EEOC cleared the way for employers to mandate vaccines in its Technical Assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, most employers have taken the route of strongly encouraging rather than mandating vaccines.  Now, with the rate of vaccines leveling off, employers are re-thinking that approach.  A Texas federal court’s recent decision dismissing a challenge to an employer’s vaccine requirement may provide just the legal support some employers need to implement a vaccine mandate. Read more…

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