More and more states continue to enact new marijuana laws to reflect a greater degree of tolerance. Not surprisingly California and Washington are taking the lead in a more progressive and pro-employee approach beginning in 2024. Employers in these states will have to change the way they conduct marijuana drug testing, if they conduct it at all.

The fitness industry is projected to outpace the national average growth for U.S. employers over the next ten years. As a result, fitness studios, clubs, gym facilities, and other wellness-centered businesses face unique independent contractor issues, wage and hour practices, and harassment and discrimination claims.

Supply chain or third-party vendor disruption can cause operational chaos; specifically, unauthorized access can lead an organization to negligence claims, significant fines, contract disputes, potential lawsuits, loss of revenue, and even reputational harm. Therefore, companies need to secure their data by having robust vendor agreements that address data security and outline their responsibilities in case of a breach.

In today's digital world, it is unfortunately more likely than ever before for an organization to be faced with some type of data breach crisis. When that happens, data incident response plans are necessary—and invaluable. Having a well thought out plan is the best way organizations can prepare for managing those events quickly, in an organized fashion and with the goal of minimizing any potential risk.

In today's data-driven world, cyber liability insurance has gone from a good idea to essential coverage for organizations. As a result, it is imperative that organizations are familiar with key elements of their cyber insurance policy to ensure proper coverage for potential loss and damage.

Hospital systems, physician offices, nursing homes, and other healthcare providers must remain ever vigilant to both safeguard patients protected health information while maintaining compliance with any and all privacy and security regulations. Despite best efforts, cyberattacks are impacting the healthcare industry at an alarming rate. These attacks often lead to data breach class actions.

While website tracking technologies can provide value to organizations including product optimization, generating leads, understanding growth metrics, and targeting ads, the use of these technologies carries significant litigation and regulatory risk. To manage these risks, businesses need to wrap their heads around what trackers are used on their websites, what data those trackers collect, and how that data is used.

Now that the European Commission has published the new EU-US Data Privacy Framework, it will be easier for organizations to transfer personal data from the EU to the United States.

Despite the potential growth due to the Infrastructure Investment and Jobs Act of 2021 and the CHIPS and Science Act of 2022, the U.S. Equal Employment Opportunity Commission has identified discrimination, harassment, and the lack of gender and racial diversity in the construction industry as challenges to diversity and inclusion efforts in the industry.

With the Office of Federal Contract Compliance Programs (OFCCP) increasing the number of construction contractors it audits, construction employers should monitor OFCCP's regulatory requirements for construction contractors, the new Mega Project Program, and OFCCP's June 2023 audit list.