News

New York Joins Other States in Banning Salary History Questions

By EsqSocial Corporation 10/01/20

As of January 6, 2020, New York employers are prohibited from inquiring about an applicant’s prior salary. The ban, codified as N.Y. Lab. Law § 194-a, was signed into law by New York Governor Andrew Cuomo on July 10, 2019, but did not go into effect...

CCPA Has Just Gone Into Effect, But Businesses May Need to Prepare for a New California Privacy Law

By EsqSocial Corporation 10/01/20

The California Consumer Privacy Act (CCPA) is barely a week old, but movement has already started on a new California privacy law. Here, we discuss key provisions of the newly proposed ballot initiative called the California Privacy Rights Act...

An Overview of Employee Benefit Provisions in the Newly Enacted SECURE Act

By EsqSocial Corporation 10/01/20

After being approved by both the U.S. House of Representatives and the Senate, the Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) was signed into law by President Donald Trump on Dec. 20, 2019, as part of the Further...

Another Win For California Truckers In AB-5 Fight…But Gig Economy Still Awaits Misclassification Ruling

By EsqSocial Corporation 10/01/20

Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for going too far in limiting...

Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements

By EsqSocial Corporation 10/01/20

Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States down (although...

Tenth Circuit Upholds HHS Risk Adjustment Methodology

By EsqSocial Corporation 10/01/20

On December 31, 2019, a 3-0 panel of the United States Court of Appeals for the Tenth Circuit upheld the methodology adopted by HHS to administer the risk adjustment program under the Affordable Care Act (ACA). See New Mexico Health Connections v....

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

By EsqSocial Corporation 10/01/20

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory discharge under the New Jersey...

The Decade of Data Privacy: What the CCPA and GDPR Mean for Your Business

By EsqSocial Corporation 10/01/20

As you fired-up your computer after last week’s New Year holiday, your inbox was likely filled with emails about updated privacy policies. You may remember receiving a similar wave of emails in May 2018....

CFPB announces members of Taskforce on Federal Consumer Financial Law

By EsqSocial Corporation 10/01/20

The CFPB has announced the initial four members of its Taskforce on Federal Consumer Financial Law.  This past October, the Bureau announced its plans to establish the Taskforce to examine ways to harmonize and modernize federal consumer financial...

Interim Code rights – the Telecommunications Infrastructure (Leasehold Property) Bill

By EsqSocial Corporation 10/01/20

What are interim Code rights? Operators have been having issues in relation to non-responsive owners of multi-let buildings where the Operator’s customer occupies part of the building as a tenant. This means that there is often a delay in the...

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