Articles Posted by Wilson Elser

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Texas Updates Breach Notification Requirements

Effective January 1, 2020, the Texas legislature will impose new notification requirements on businesses that maintain personal information of customers. House Bill 4390 amends the Texas Identity Theft Enforcement and Protection Act by requiring that Texas residents be notified of a data security breach within sixty (60) days of the determination that a breach has occurred. A ...
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Employer-Mandated Tip Pooling Guidelines

Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently and states have enacted their own statutes that place employers in constant uncertainty, depending on where they are located. Also, tip pooling arrangements have been a regular part of many restaurant operations and are ...
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Gram Shop Liability for On-Site Cannabis Consumption in California

Ian Stewart (Partner-Los Angeles) and Otis Felder (Of Counsel-Los Angeles)  have authored an article, “Gram Shop Liability for On-Site Cannabis Consumption in California,” published in the March 1, 2017, issue of Cannabis Law Journal. Ian and Otis point out that those considering the potential development of on-site cannabis use should not only inquire as to ...
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Defending Against the Reptile Strategy

The Reptile Strategy “Based on a plaintiff’s attorney generalizing the defendant’s conduct so the jury members feel personally threatened by the alleged danger actions,” the reptile strategy is a force to be reckoned with. This specific strategy has been implemented in “almost 50 notable cases”, one of which a “Florida attorney received a $2.6 million ...
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Big Changes Are Coming to Overtime Laws in 2016

“On March 13, 2014, President Obama signed a Presidential Memorandum directing the United States Department of Labor (DOL) to update the regulations regarding white-collar workers. In June 2015, the DOL announced its proposed regulations, which call for sweeping changes that would more than double the minimum annual salary employers must pay white-collar employees (from $23,660 ...
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