Introductory note: In addition to my role as on-demand general counsel at Outside GC, I am also the co-founder of Public Safety Network, a new firm providing business and operational expertise to established and start-up companies entering the public safety tech market which has been recently accelerated by the creation of FirstNet, the independent government authority responsible for bringing the first nationwide prioritized broadband wireless network to public service professionals. In the below article, I've shared some key principles on how to empower your workforce. Not only have these principles defined my approach throughout my management career, but they continue to guide my experience as a member of Outside GC's team, and lie at the core of the legal and business advice I provide to all of my clients so as to maximize desired business outcomes. I hope you enjoy! Jason

Complying with the EU’s New Data Privacy Law

On May 25, 2018, the European Union (EU)'s General Data Protection Regulation (GDPR) comes into force, broadening the scope of privacy obligations for companies doing business in or with Europe. The GDPR applies to all businesses that collect and use personal information of EU residents, including organizations located outside the EU.

U.S. companies, including Data Processors in the United States, may be subject to the GDPR if they offer products or services to EU residents or if they monitor the behavior of such residents even if they do not have a physical presence in the EU.

It’s no surprise that start-ups and small businesses are mindful of their budgets. Occasionally, however, cost-consciousness can lead a company to question the need for a contract or contract review, particularly when a transaction involves a small dollar amount or simple service offering. By assuming a lower risk of liability in these situations, the cost of hiring a lawyer to write, or review, a contract can seem unnecessary. This is a misconception.

The GDPR goes into effect on May 25th. In this ACC Docket article, Lakshmi Sarma Ramani, a member of our Washington D.C.-area team, reviews its applicability to nonprofit organizations.

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program – the Payroll Audit Independent Determination (“PAID”) – which allows employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”) without risk of litigation or enforcement proceedings. The new six-month pilot program is expected to launch in April 2018.

On July 27, 2017, Massachusetts’ Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (PWFA), which applies to employers with six or more employees. The PWFA makes it unlawful for an employer to discriminate against an employee due to pregnancy or a condition related to pregnancy, including, but not limited to, the need to express breast milk for a nursing child.  The PWFA also provides needed and reasonable accommodations to pregnant workers.

The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages (double the amount of the unpaid wages for up to three years), other compensation, and attorney’s fees. The new legislation also lengthens the statute of limitations for filing a claim to three years, and plaintiffs may choose to go directly to court to file suit or to file a claim with the Massachusetts Attorney General. 

Lakshmi Sarma Ramani, a Member with our Washington D.C.-area team, reviews the main issues a charity should consider when accepting a gift of virtual currency in her recent ACC Docket article, "Virtual Currency and Charitable Donations."