In
Facebook, Inc. v. Duguid, No. 19-511, slip op. (Apr. 1, 2021), the Supreme Court “friended” Facebook by holding that the social media platform’s login notification texts did not constitute an “automatic telephone dialing system” under the Telephone Consumer Protection Act (“TCPA”). The Court narrowly interpreted the TCPA’s restrictions on use of automatic telephone dialing systems, which now unequivocally apply only to devices that use a “random or sequential number generator” to send calls or texts.
Quick Summary of the TCPA’s Autodialer Restriction
The TCPA was designed to safeguard consumer privacy by restricting telemarketing communications. The Act restricts telephone solicitations and the use of automated phone equipment and was signed into law in 1991 as a response to a growing rise in unregulated and harassing telemarketing calls and faxes. It was subsequently applied to text messages as the use of SMS became ubiquitous. The Act limits the use of
New Mandatory Sick Leave and New CDC Guidance On Vaccinations and The Workplace | Stradling Yocca Carlson & Rauth
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Far West muni bond sales surged after pandemic-driven pause
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Should You Consider Clear Masks and Other Accommodations for the Hard of Hearing?
At the end of January Nike agreed to a settlement requiring its California workers to be provided with clear masks. The settlement was reached to end a class action alleging that the company’s policy requiring store employees to wear masks prevents deaf and hard-of-hearing customers from reading employees’ lips.
The settlement requires that Nike provide clear masks to employees when they need to assist deaf or hearing impaired customers, but does not require clear masks at all times. The settlement also requires stores to carry clean pens and paper if a deaf or hearing impaired customer wishes to write their communications with employees. Finally, the settlement requires Nike to post signage outside its stores alerting customers about their right to access these accommodations.
On Friday, January 8
th, Cal/OSHA published an updated FAQ providing further clarification on its Emergency Temporary Standards (ETS). Cal/OSHA added several more questions and answers which attempt to explain some of the terms in the ETS and how they apply in different situations. Some of the major clarifications are discussed below, while the full FAQs can be found here.
Enforcement of the ETS. Cal/OSHA will cite but not assess any monetary penalties for violations of the ETS until February 1, 2021. This gives employers some breathing room to ensure that their policies comply with the ETS, which became effective without any time for employers to prepare. In considering monetary penalties Cal/OSHA will consider an employer’s good faith effort to comply with the ETS.