Tag Archives: Epstein Becker & Green

The European Data Protection Board Issues Guidance on Cross-Border Data Transfers

On November 11, 2020, the European Data Protection Board (EDPB) issued eagerly awaited guidance for complying with the requirements of the General Data Protection Regulation (GDPR) for protecting the privacy rights of individuals in their personal data subject to potential transfer from the European Union (EU) to the United States and other countries. The guidance comes in the wake of the uncertainly following the Court of Justice’s July 16, 2020 decision in Schrems II invalidating the EU-US Privacy Shield and upholding the use of standard contractual clauses as a permissible vehicle to transfer personal data to countries outside of the European Union provided there are “effective mechanisms” in place to ensure a level of protection for the data that is “essentially equivalent” to that existing within the European Union. The Court recognized that additional safeguards may be needed to provide an adequate level of protection because the standard contractual clauses are between private parties, and do not bind governmental authorities.

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A Reflection on RBG’s Impact and Legacy

“My mother told me to be a lady. And for her, that meant be your own person, be independent.” – Ruth Bader Ginsburg

A couple days after Ruth Bader Ginsburg passed away, my eight year old daughter asked me, when I was her age, what I wanted to be when I grew up. I paused and swallowed hard. I had wanted to be a doctor, but despite how well I performed in school, the more conservative environment I grew up in did not support such dreams because it was “not something that moms did”.

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Deadline Looms for Responding to DEA’s Proposed Aggregate Production Quotas for 2021

On Tuesday, September 1, 2020, the Drug Enforcement Agency (“DEA”) proposed 2021 aggregate production quotas (APQs) for controlled substances in schedules I and II of the Controlled Substances Act (“CSA”) and an Assessment of Annual Needs (“AAN”) for the List I Chemicals pseudoephedrine, ephedrine, and phenylpropanolamine. This marks the second year that DEA has issued APQs pursuant to Congress’s changes to the CSA via the SUPPORT Act.  After assessing the diversion rates for the five covered controlled substances, DEA reduced the quotas for four: oxycodone, hydrocodone, hydromorphone and fentanyl.

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Australia’s High Court Rules on How to Count Personal Leave Entitlement Under the Fair Work Act

On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave per year of employment, as required under Section 96 of the FW Act.

The High Court determined that employees’ leave entitlement is equivalent to the average of employees’ “ordinary hours” of work over the course of a two-week period (i.e., 1/26th of the ordinary hours of work in a year) and not 10 “working days” of paid leave per year. This decision likely will have far-reaching implications for all Australian employers, particularly those with a workforce that works outside the parameters of the ordinary 9-to-5 workday, five days per week.

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COVID-19 Trend Watch: Employers Respond to Employees’ Voting Concerns with New PTO and Other Election-Related Policies

As has been true for so many issues arising from the COVID-19 pandemic, growing concerns about safely voting in the 2020 elections are beginning to permeate the workplace, prompting employers nationwide to create or revise policies to address employee apprehensions about voting amidst a pandemic. Time to Vote, a self-described “business-led, nonpartisan coalition that aims to increase voter participation in the U.S. elections,” founded by numerous major companies, reports that, as of August 27, 2020, more than 700 companies, representing about two million workers, have pledged to grant their employees unpaid or paid time off (“PTO”) to vote on Election Day and to promote initiatives such as early voting and vote-by-mail. In addition, some employers are also providing time off for employees to engage in election-related activities, such as serving as poll workers (in response to the anticipated shortage of such workers due to the pandemic).

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Missouri Court Rules in Favor of Business Owners in COVID-19 Coverage Lawsuit

Following up on our recent post about a business interruption insurance decision by a Washington D.C. court, a federal judge in Missouri ruled last month, in Studio 417, Inc., et al. v. The Cincinnati Ins. Comp., No. 20-cv-03127-SRB, that businesses can sue their insurance carrier for business interruption losses caused by COVID-19.

Plaintiffs, owners of a hair salon and various restaurants (the “Insureds”) purchased an all risks policy from Cincinnati Insurance Company (the “Insurer”). As a result of losses sustained due to COVID-19, the Insureds sought business income, civil authority, ingress and egress, dependent property and sue and loss coverages under their policies. The policies did not include a virus exclusion. After the Insurer denied their claims for losses related to COVID-19, the Insureds brought a putative class action against the Insurer for breach of contract and declaratory judgment.

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As Schools Reopen, U.S. Department of Labor Issues FAQs on Childcare Leave Under the FFCRA

The beginning of the school year has added to a mire of uncertainty of how to manage work and family in our current COVID-19 world. Some schools have reopened to full-time in-person classes, while others have adopted full-time remote learning; still others have opted a hybrid model that mixes the two, and some give parent the choice of whether to send their children to school or have them login. Added to this, decisions once made are subject to reversal, if new COVID-19 cases enter the picture.  So now, on top of everything else that the COVID-19 crisis has affected, working parents must try to figure out how to manage their children’s education, while trying to maintain their financial security. And, as always, employers need to remain mindful of their compliance obligations.

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Connecticut’s Minimum Wage Increases to $12.00 per Hour on September 1, 2020

On May 28, 2019, Connecticut Governor Ned Lamont signed Public Act 19-4, An Act Increasing the Minimum Fair Wage (the “Act”), which gradually increases the minimum wage in Connecticut over the next several years.  The first increase took place on October 1, 2019, when the minimum wage increased to $11.00 per hour. The next increase will take effect on September 1, 2020, when Connecticut’s minimum wage will increase to $12.00 per hour.

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Rule 2: Keep Your Mask On – Return to Work in the Time of COVID-19

Part 2 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19. 

Who would have believed that months into this global pandemic, after the innumerable and unspeakable loss to human life, to global economies, and to our own sense of selves and normalcy – that the relatively straightforward issue of whether to wear a mask to curb the spread of this virus would remain such a hot button topic.  And yet, here we are.

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Connecticut Governor Lamont Strengthens Workers’ Compensation Claims for Workers Affected by COVID-19

On July 24, 2020, Connecticut Governor Lamont issued Executive Order JJJ (“E.O. JJJ”), which creates a presumption that employees who contracted COVID-19 in the early days of the pandemic contracted it at work and are eligible for workers’ compensation benefits.

Pursuant to E.O. JJJ, there shall be a “rebuttable presumption” that an employee, who makes a claim for benefits under the Workers’ Compensation Act, and who missed one or more days of work between March 10, 2020 and May 20, 2020, inclusive, due to a diagnosis of COVID-19 or symptoms that were diagnosed as COVID-19, contracted COVID-19 as an occupational disease arising in the course of his or her employment. The following four conditions must be met for the rebuttable presumption to apply:

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