Category Archives: GT Alert

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The FTC ‘Educates’ Celebrities & Social Media Influencers on its Endorsement Rules

As the power of Instagram and other social media platforms as marketing tools rises, so does the dollar figure of contracts between brands and the social media influencers (celebrities, athletes, reality stars, etc.) they use to endorse their products – some contracts are reported to be in the seven-figures. Couple this with the influencers’ ability … Continue Reading

DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance

On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business.  New Secretary of Labor Alex … Continue Reading

Nevada Gaming Commission Provides More Flexibility in Considering Gaming Applicants

The Nevada Gaming Control Act (Act) requires an applicant for a gaming license or other approval to appear first before the Nevada Gaming Control Board (Board) on the application. The applicant has the burden of proof and must affirmatively seek the Board’s support and its recommendation to the Nevada Gaming Commission (Commission). The Board can … Continue Reading

Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing

Introduction On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision. In a 2-1 decision, the majority endorsed the approach … Continue Reading

The Senate Narrows Employers’ Obligation to Accurately Record Work-Related Injury and Illness Records

On March 22, 2017, the Senate passed H.J. Resolution 83, a Congressional Review Act (CRA) resolution (Resolution) that cuts the Occupational Safety and Health Administration’s (OSHA) ability to cite an employer for failing to accurately record work-related injuries and illnesses from five years to six months.1 The resolution blocks and eliminates OSHA’s “Volks” final rule, … Continue Reading

The Senate Narrows Employers’ Obligation to Accurately Record Work-Related Injury and Illness Records

On March 22, 2017, the Senate passed H.J. Resolution 83, a Congressional Review Act (CRA) resolution (Resolution) that cuts the Occupational Safety and Health Administration’s (OSHA) ability to cite an employer for failing to accurately record work-related injuries and illnesses from five years to six months.1 The resolution blocks and eliminates OSHA’s “Volks” final rule, … Continue Reading

Coming Soon to a Worksite Near You: Site Visits and Form I-9 Audits

As part of its stated goal to protect the U.S. worker, President Trump’s administration will be increasing worksite enforcement activities. This likely means that there will be more site visits of companies utilizing visa programs and more Form I-9 audits of all employers. Site visits are handled by the Fraud Detection and National Security (FDNS) … Continue Reading

Seven Privacy Tips & Recent Developments in Honor of Privacy Day

To celebrate Privacy Day (Jan. 28), here are updates on selected recent developments in cybersecurity and data privacy, as well as some tips on the use of personal information. 1. Internet of Things – Security by Design Devices connected to the internet (“IoT devices”) often have access to critical and highly personal information about their … Continue Reading

FinCEN Issues Guidance to Casinos Confirming that Suspicious Activity Reports May Be Shared with U.S. Parents and Affiliates

On Jan. 4, 2017, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) issued guidance to casinos to confirm that, subject to certain limitations, a casino may, in accordance with the Bank Secrecy Act (BSA) and its implementing regulations, share a Suspicious Activity Report (SAR) that it has filed, or any … Continue Reading

The Potential for Unprecedented Use of the Congressional Review Act to Roll Back Obama Administration Rules

Much attention has been focused of late on the impact that the incoming president will have on President Obama’s executive orders and rulemaking relative to a great number of issues where the president determined that he could not work with the Republican Congress. President-elect Trump has repeatedly promised to ’roll back’ virtually all of the … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading
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