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Origins of Right to WorkIn 2012, Michigan passed its right-to-work law, which prohibited mandatory union membership as a condition for employment in unionized workplaces. It allowed workers to opt out of paying union dues, thereby protecting free choice and encouraging unions to offer services that employees considered worth the cost of union dues.
Implications of

U.S. Department of Labor’s Changes Poised to Take Effect in 2024, But Challenges LikelyThe New Independent Contractor Test
On January 10, 2024, the DOL published its final rule regarding the test for determining whether workers are independent contractors or employees under the FLSA. The test is important because, among other things, the FLSA’s minimum wage

Does MHMD apply to my entity?MHMD applies companies and non-profits that control “consumer health data” and do not fall within the exceptions noted below.  “Consumer health data” is personal information that is linked or reasonably linkable to a Washington state resident or a person whose consumer health data is collected in Washington, and the personal

Does your business process sensitive data, such as data related to consumer health, precise geolocation, biometrics or children? As an initial matter, if you aren’t sure whether or how your business processes sensitive data, you should conduct a data inventory. In addition to helping to identify the company’s data practices, data mapping helps companies reasonably

Traditional Health Data Breaches Are ContinuingBreaches of healthcare systems are continuing at an aggressive pace. According to Emsisoft Malware Lab, so far this year, at least 25 healthcare providers operating 290 hospitals have been impacted by ransomware. A recently published security industry report by the Ponemon Institute and IBM Security states that, for the

FCC Rule Set to Require “One-To-One” Written Consent on Lead Generator WebsitesOn November 22, 2023, the Federal Communications Commission issued a proposed rule that likely will considerably alter the online lead generation industry, including the use of comparison shopping websites. The proposed rule addresses a number of areas, but, notably, the rule would require texters

Circuit Courts Are Split on FLSA Collective Actions Against Out of State EmployersTo date, four federal circuit courts have considered this question, and the Seventh Circuit recently accepted an interlocutory appeal to decide the issue in the near future. The Third, Sixth, and Eighth Circuits have ruled that there is no personal jurisdiction over out-of-state

FTC Adds Data Breach Reporting Requirement to Its GLB Safeguards Rule Applicable to Nonbank Financial InstitutionsNotification Event
The new amendment to the Safeguards rule requires notification to the FTC upon discovery of a “notification event,” which is a defined term that deviates from existing terminology and arguably requires notification in a broad set of circumstances.

Get it Right or Pay the Price: 5 Pro Tips for Classifying Independent ContractorsStates like Illinois, California, New Jersey, and Connecticut have adopted the stringent “ABC Test” to determine the classification of employees versus independent contractors for wage and hour purposes. The ABC test generally requires each of the following to be met before an