This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation. In a simple but firm four-page ruling, Judge Rosenstengel denied the defendant’s motion to dismiss, holding that a cause of action under BIPA does not require a plaintiff to plead that data collected is used for identification purposes. The ruling serves to highlight the apparent lack of any real technical defenses to the statute — making it imperative that companies focus on strict compliance before they find themselves in court.

Continue Reading Illinois Court Eliminates Another BIPA Defense

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?

A: Not anymore. In a divided-panel opinion issued Tuesday, September 12, in Rose v. PSA Airlines, Inc., 2023 WL 5839282, — F.4th — (2023), the Fourth Circuit narrowed the scope of remedies available to plaintiffs in ERISA breach of fiduciary duty claims in this circuit. In short, the Fourth Circuit held that “surcharge” is not an available remedy. Instead, monetary recovery under 502(a)(3) is only available when a plaintiff points to specific funds that the plaintiff rightfully owned but that the defendant possesses as a result of unjust enrichment. This is a reversal of prior Fourth Circuit decisions, which had previously authorized recovery of surcharge as a form of “appropriate equitable relief” under § 502(a)(3).

Continue Reading Can Fourth Circuit Plaintiffs be Granted “Surcharge” as a Remedy for Breach of Fiduciary Duty Under ERISA?

Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers?

A: Effective November 22, height and weight will be added as protected categories under the New York City Human Rights Law. Employers will be prohibited from discriminating against applicants or employees based on their height or weight. There are no definitions for height or weight, meaning these categories are like race or religion, and all ranges of height and weight are protected.

Continue Reading NYC to Prohibit Employment Discrimination Based on Height and Weight

On September 8, the U.S. Securities and Exchange Commission (SEC) announced that it settled charges against Monolith Resources LLC, a privately held technology and energy company headquartered in Nebraska. The SEC’s enforcement action alleged that Monolith had been using restrictive employee separation agreements that violated the SEC Whistleblower Protection Rule 21F-17. Without admitting or denying the SEC’s findings, Monolith agreed to revise its separation agreements and pay a $225,000 penalty, among other remedial actions.

Continue Reading SEC Charges Privately Held Monolith Resources for Violating Whistleblower Protection Rules

Are your employees consistently taking extended lunch breaks? Are they frequently absent or keeping their cameras off during video conferences? If so, they might be “moonlighting” while on the clock. Listen in as Partners Tracey Diamond and Evan Gibbs chat with Exelon Business Services Company Assistant General Counsel Amy Bashore about the popular movie Julie and Julia, the risks associated with moonlighting, how employers can effectively monitor moonlighting within their organizations, and if gas stoves are better than electric.

Continue Reading Managing “Moonlighting” in the Workplace: <em>Julie and Julia</em>

Q. Are there any updates related to New Jersey’s Temporary Workers’ Bill of Rights?

A. Yes. As previously reported, in February, New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (the Bill of Rights), which established several new labor and employment protections for New Jersey’s 125,000+ temporary workers. On July 21, the New Jersey Department of Labor and Workforce Development Division of Wage and Hour Compliance published a set of proposed regulations implementing the Bill of Rights. While there is a 60-day comment period before the regulations become final, the state has represented that, at this time, it intends to enforce the Bill of Rights in accordance with the proposed regulations.

Continue Reading New Jersey Published Proposed Regulations Implementing the “Temporary Workers’ Bill of Rights”

Companies can profit off their top employees by using their name, image, and likeness. However, there are limitations on an employer’s rights to do so. Troutman Pepper Partners Tracey Diamond and Evan Gibbs chatted with fellow Partner Cal Stein about the popular movie Air and the implications surrounding employee name, image, and likeness.

Continue Reading How to Manage Name, Image, and Likeness: <em>Air</em>

For better or worse, generative AI is everywhere. Many companies are asking themselves: “Do we run from it or embrace it? What role can generative AI play in the workplace, and what should we do to stay ahead of the curve?”

Continue Reading The Pros and Cons of Generative AI in the Workplace: <em>The Matrix</em>

Published in Law360 on August 7, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

In a survey of 3,000 workers, 82% said they would consider quitting their job because of a bad manager.

Continue Reading Water Cooler Talk: Insights From ‘The Bear’ on Right and Wrong Ways to Manage Employees

Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman Pepper Partner Chris Willis about the popular movie Office Space, employee misconduct and creative uses of technology to protect against corporate theft.

Continue Reading How to Combat Corporate Theft: <em>Office Space</em>