Neumann & Associates

Have a Happy and Safe Memorial Day Weekend!

This week marked the three-year anniversary of the EU’s General Data Protection Regulation (GDPR), a law that provides individuals and businesses the same rights and data protection standards across the European Union. The GDPR applies to businesses inside, as well as, outside the EU/EEA that serve (or track the data of) EU/EEA residents. Notably, after Brexit, the United Kingdom has its own GDPR that is substantially like that of the EU and provides data protection standards for UK residents. The GDPR’s single data protection framework simplifies the regulatory environment as businesses seek to avoid violations that may result in fines up to 4% of their annual global revenue. Is your business in compliance with the GDPR? http://ow.ly/AaDm50EXQI4

Following the recent CDC announcement that "fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance," OSHA has updated its website to instruct employers to adhere to the new CDC mask guidance. Have you reviewed your local, state, and federal mask mandates before contemplating updates to your employee mask policies? http://ow.ly/ZfAU50ESBUX

In a recent class action, the California Supreme Court ruled that employers are disallowed the practice of rounding meal period time punches, although rounding is permitted for other types of time punches for calculating time worked. Further, employers are required to maintain accurate time records of meal periods as records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. Are your company’s timekeeping policies and procedures in compliance with this recent decision? http://ow.ly/kyjn50ELoZG

Have a wonderful Mother's Day!

As data and hardware reach their end of life, sensitive information must be properly destroyed and rendered unreadable. Since simply deleting data is not enough to ensure that it is unrecoverable, secure data destruction is essential to help prevent security breaches, fines and penalties, possible litigation, and damage to a company’s reputation. Does your company have a robust equipment and data destruction policy? https://securityintelligence.com//data-destruction-beyond/

As California moves toward fully reopening, many businesses will be hiring new employees. Fittingly, the California Commission on the Status of Women (Commission) offers guidance regarding employer practices for setting new hire salaries. In addition, the Commission recommends employers document the factors considered in setting starting salaries to help defend against possible future claims of Equal Pay Act violations. Is your pay system equitable? http://ow.ly/212n50EvB0M

Happy Earth Day 2021!

Happy Administrative Professionals Day!

In 2019, California became the first state to pass the CROWN Act. Since then, multiple states and local governments have enacted a CROWN Act to protect against racial or ethnic discrimination based on hair texture and style. Some of this legislation includes protections for facial hair as well. Businesses are updating their employee policies to comply with the new legislation and to avoid discrimination lawsuits. Are your employee policies in compliance with the CROWN Act? http://ow.ly/XXbP50EqFHh

Recently, in Facebook, Inc. v. Duguid, the U.S. Supreme Court adopted a narrow definition of an automated dialer and ruled that Facebook’s text notifications did not violate the Telephone Consumer Protection Act (TCPA). However, this decision does not remove other potential sources of company liability in the TCPA. Further, companies may well elect to continue their current advance written consent processes as Congress may soon revisit the TCPA to reflect today’s technology. Are your company's customer communications compliant with the TCPA? http://ow.ly/aVWM50EkQEk

Happy Easter to you and your family!

The National Women's History Alliance has designated "Valiant Women of the Vote" as the theme for Women's History Month 2021. To learn about the tactics, ordeals, and victories of the American Suffrage Movement, a struggle that formerly began in 1848 and finally culminated in1920 with the ratification of the 19th Amendment, click here: http://ow.ly/eyzg50E6MDe

Life's most persistent and urgent question is, 'What are you doing for others?' ~ Dr. Martin Luther King, Jr.

Recently, the Small Business Administration (SBA) reopened the Paycheck Protection Program (PPP). The additional $284 billion PPP loan funds will serve both first-time borrowers and businesses pursuing a second PPP loan. Borrowers should closely follow the new clarifications regarding eligibility and acceptable use of the loan proceeds to increase their chances for future loan forgiveness. How will this second round of PPP loan availability affect your business? http://ow.ly/MWhe50Da2r5

The recently enacted Trademark Modernization Act of 2020 (TMA) provides the USPTO and legitimate trademark owners new tools to pursue the expungement of registrations that used false claims of use and fake specimens of use. Among other significant changes, the TMA restores the presumption that a trademark owner suffers irreparable harm when the trademark is infringed and provides new ways to challenge registrations due to non-use in U.S. Commerce. How might the TMA impact your trademarks? http://ow.ly/oje550D3Uyi

This year, the California legislature enacted numerous laws that employers must comply with, when and where applicable. Read here for a brief summary of some of those new laws that may impact your business in 2021: https://neumannbusinesslaw.com/2021-new-california-laws/

Happy Holidays and Happy New Year!