Many employers remain unaware that employees making over six figures can still be entitled to overtime pay under the federal Fair Labor Standards Act (the “FLSA”). While there is a separate exemption for highly compensated employees (the “HCE exemption”), which reduces the showing that must be made under the “duties” portion of this exemption, a
Honigman
Website:
https://www.honigman.com/
Honigman Blogs
Latest from Honigman
Privacy and Advertising Considerations When Using Large Language Models like ChatGPT or Bard
Since late 2022, terms like “large language models,” “chat-bots,” and “natural language processing models” increasingly have been used to describe artificial intelligence (AI) programs that collect data and respond to questions in a human-like fashion, including Bard and ChatGPT. Large language models collect data from a wide range of online sources, including books, articles,…
With Recent Enforcement Action, DOJ and FTC Join the FCC in Targeting the Use of Ringless Voicemails
On February 17, 2023, the FTC brought its first civil enforcement action under the Telemarketing Sales Rule, 16 C.F.R. Part 310 (“TSR”), in nearly one year. In U.S. v. Stratics Networks Inc., et al., which was filed in the U.S. District Court for the Southern District of California, the FTC seeks to stop a…
Navigating the Biometrics Minefield: Illinois Supreme Court Rules That a BIPA Claim Accrues With Each Scan or Transmission
In an eye-opening 4-3 decision issued on Friday, the Illinois Supreme Court ruled that a separate Biometric Information Privacy Act (“BIPA”) claim accrues “with every scan or transmission of biometric identifiers or biometric information without prior informed consent.” Cothron v. White Castle System, Inc., 2023 IL 128004 ¶ 45. The decision may have staggering consequences…
Sixth Circuit Set to Weigh in on the Current, Burdensome Two-Step Collective Action Standard
Many employers already have personal experience with the costly two-step process for collective overtime or minimum wage claims under the Fair Labor Standards Act (“FLSA”). This process permits employees to commence expensive class-type lawsuits against an employer with almost no factual support for their ability to represent other employees. However, this soon may change. The…
Illinois Supreme Court Applies Uniform Five-Year Statute of Limitations to BIPA Claims
The Illinois Supreme Court has issued its highly anticipated ruling in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, which expands the statute of limitations period for certain claims under the Biometric Information Privacy Act (BIPA) from one year to five years. The Court reversed in part a previous ruling by the appellate…
NIST Publishes Artificial Intelligence Risk Management Framework
As seen from the recent release of the ChatGPT artificial intelligence (“AI”) tool, AI technologies have a major potential to transform society rapidly. However, the technologies also pose potential unique risks. Because AI risk management is a key component of responsible development and use of AI systems, the National Institute of Standards and Technology last…
A New Year Brings New Wage and Hour Laws
As always, the New Year came with a slew of new state wage and hour laws. Among other things, this year ushered in increased wages and continued trends in employee rights and protections. Below are some of the new changes that employers should consider when implementing their employment practices.
The Growing Need to Adopt Properly Implemented Multi-Factor Authentication to Accomplish Reasonable Data Security
Because the use of passwords alone is a relatively weak method to prove identity, enforcement agencies are ramping up pressure for companies to implement multi-factor authentication (MFA) both internally and to customers for online services. MFA makes it more difficult for cyber threat actors to gain access to networks and information systems if authentication information,…
Ohio Supreme Court Weighs In On “Silent Cyber” Fight
The Ohio Supreme Court recently ruled that the “Electronic Equipment” endorsement of a property insurance policy does not provide coverage for a policyholder’s losses following a ransomware attack. In EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022), the Ohio Supreme Court reversed an appellate court’s decision which held, among other things, that there…