United States: Ready Or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily At The State Level

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of new or amended federal, state, and/or local laws. This article summarizes impending obligations that may flow from these law changes in the chart below and also highlights some anticipated activity.

Ongoing Federal Activity

At this time last year, employers faced uncertainty about how the Trump administration and Congress might alter federal labor, employment and benefits obligations. Although change to federal workplace policy has not come as quickly as many expected, the pace of change is likely to accelerate as nominations and appointments to critical positions are filled. Indeed, action on the nominations to the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and Department of Labor (DOL) signals that expected changes in workplace policy will be forthcoming in the year ahead.1

With that in mind, employers should pay particular attention in 2018 to several potential developments at the federal level, including possible additional changes in immigration law and enforcement.2 Health care policy, including the viability of the Affordable Care Act (ACA), also remains in flux. After Republicans failed to "repeal and replace" the ACA through the legislative process, the White House issued an executive order to try to reform the nation's healthcare system through regulatory channels.3 Meanwhile, efforts to revamp the tax code are well underway in Congress, some aspects of which would have a significant impact on benefits and executive compensation, but are far from settled.

Employers saw some changes in 2017 on several key labor and employment issues, and 2018 is likely to bring further federal legislative and/or administrative developments in these areas. For example, in 2018 the DOL is expected to revisit the now-scuttled update to FLSA overtime regulations. The agency's Wage and Hour Division will likely engage in further rulemaking to decide what the new salary level should be for overtime purposes. In June, Labor Secretary Alexander Acosta announced the withdrawal of two controversial Wage and Hour Administrator's Interpretations on independent contractors and joint employment.

Relatedly, in Congress, House Republicans passed a bill in 2017, entitled the Save Local Business Act (H.R. 3441), that would amend two labor and employment statutes to clarify when an entity can be deemed a "joint employer."4 The bill moves now to the Senate, where its fate is less certain. In the face of an increasingly complex maze of state and local paid leave laws, lawmakers in Congress are proposing a novel approach to paid leave and workplace flexibility. In an effort to promote workplace flexibility and streamline employer paid leave obligations nationwide, Representative Mimi Walters (R-CA) House introduced the Workflex in the 21st Century Act (HR 4219). This bill would create a voluntary program whereby employers that choose to offer their employees a minimum number of compensable leave days per year and institute a flexible work arrangement would be exempt from the current patchwork of local and state paid leave laws.5 This legislation could clarify and simplify compliance burdens on employers across the nation.

Ongoing State and Local Activity

Of course, they say that "all politics is local," and 2017 did not disprove that theory. Given the lingering gridlock in Congress, the most significant labor and employment developments taking effect in 2018 arose at the state and municipal levels. As the chart below demonstrates, municipalities have paved the way for new regulation on a variety of topics, including protected or paid time off, pregnancy accommodations, background checks, and equal pay.

Many new state and local laws enacted in 2017 have already taken effect. The chart below focuses only on those laws that are set to take effect in the new year and beyond. Readers interested in keeping abreast of legislative activity at the state and local levels should follow State of the States, our monthly report featuring notable bills and trends percolating in the statehouses and city halls nationwide.6

Laws Taking Effect in 2018

As the year winds down, employers should prepare for changes scheduled to take effect in 2018. The chart below briefly recaps laws and regulations that will become operative sometime in 2018. (We've included a few late bloomers from 2017 as well, and a sneak peek at 2019.) Although local and industry-specific laws may be listed, these samples are included primarily to highlight compliance challenges employers face. In addition, not all state and local minimum wage laws are included in this article. A complete discussion of minimum wage rate changes for 2018 can be found in a separate Littler Insight, The Minimum Wage in 2018: A Rates-Only Update. Because the below list does not cover every possibly applicable federal, state, and local law, employers may find it helpful to discuss with knowledgeable counsel which local, state, and/or federal laws will apply in 2018.

Rule/E.O. Main Topic Summary Effective
S.E.C Pay Ratio Guidance Executive Compensation Provides interpretive guidance from the Securities and Exchange Commission concerning the pay ratio disclosure requirement under Dodd-Frank and associated regulations. Disclosures becoming due in 2018
DOL Proposed Delay of Rules for Plans with Disability Benefits Disability Benefits Claims Procedure Proposed 90-day implementation delay of final rules governing claims regulations for ERISA-covered disability benefit plans. If the delay is adopted, the final rules would apply to disability claims filed on or after 4/1/2018. DOL may also rescind or modify the rules during this review period. 4/1/2018

Law Main Topic Summary Effective
AB 46 Equal Pay Amends the definition of "employer" under the equal pay law to include public and private employers. 1/1/2018
AB 1688 Salary History Applies to all employers and prohibits inquiries into, and reliance on, an applicant's salary history. 1/1/2018
AB 260 &
SB 225
Human Trafficking AB 260 requires additional businesses to post notice concerning human trafficking and available hotlines, including hotels, motels, and bed and breakfast inns. SB 225 requires notice to include a text number to access support and services. 1/1/2018
AB 4509 Immigration Unless otherwise required by federal law, prohibits employers from consenting to ICE access to worksite and records. 1/1/2018
AB 100810 Criminal Background Checks Extends statewide ban-the-box law to employers with 5+ employees. Permits criminal history inquiry only after conditional offer of employment. Requires individualized assessment and written notice if applicant is disqualified. 1/1/2018
AB 1222 Cellphones & Driving Removes a specialized mobile radio and two-way messaging device from prohibition. 1/1/2018
AB 1701 Construction Contractors Certain contractors must assume and are liable for unpaid wages, benefits, or contributions owed by subcontractors. 1/1/2018
AB 1710 Antidiscrimination: Military Personnel Prohibits discrimination against service members in any terms, conditions, or privileges of employment. 1/1/2018
SB 6311 Parental Leave Expands parental leave law, such that employers with 20+ employees must grant employees with 12 weeks of unpaid, job-protected parental bonding leave. 1/1/2018
SB 258 Workplace Safety: Cleaning Product Data Provides that employers required to maintain safety data sheets must also make information available about certain consumer cleaning products. 1/1/2018
SB 306 DLSE Enforcement Actions Authorizes DLSE to initiate additional investigations of employers suspected of discrimination or retaliation, even without an employee complaint. 1/1/2018
SB 396 Antidiscrimination: Gender Identity, Gender Expression, Sexual Orientation Requires employers with 5+ employees to post notice regarding transgender rights. Also requires employers with 50+ employees to provide training addressing harassment based on gender identity, gender expression, and sexual orientation. 1/1/2018
No. 17-013
Predictive Scheduling Amends the Fair Workweek ordinance to clarify certain exceptions. 11/16/2017 ("hard" enforcement begins 1/1/2018)
Emeryville: Resolution
No. 17-160
Predictive Scheduling Adopts regulations implementing and enforcing the Fair Workweek ordinance. 11/16/2017
San Francisco:
No. 17035012
Salary History Prohibits prospective employers from asking about an applicant's pay history. Makes it illegal for employers to disclose that information about a current or former employee, without written permission. 7/1/2018

Law Main Topic Summary Effective
HB 1186 Benefits: Contraceptive Coverage Beginning in 2019, requires health benefit plans to cover a multi-month supply of prescription contraceptives. 1/1/2019

Law Main Topic Summary Effective
HB 7037 Workers' Compensation: Child Support Withholding Requires employers to transmit a copy of any withholding order to its workers' compensation benefits carrier when first reporting employee claim. 1/1/2018

Law Main Topic Summary Effective
HS 113 Salary History Prohibits employers from screening applicants based on pay history and from seeking an applicant's compensation history from current or former employers. 12/14/2017
HB 180 Security Breach Notification Amends existing notification law to expand the definition of protected personal information and adds duties, including offering identity theft protection. 4/4/2018

Law Main Topic Summary Effective
SB 1007 Tax Withholding Changes when and how often employers must remit tax withholdings. 1/1/2018

Law Main Topic Summary Effective
SB 318 Antidiscrimination: Genetic Information Prohibits employers from penalizing employees who refuse to disclose genetic information. 1/1/2018
SB 1895 Protected Time Off: Volunteer Emergency Responders Prohibits employers from disciplining an employee who responds to an emergency call or text during work hours when his or her volunteer emergency services are needed. 1/1/2018

Law Main Topic Summary Effective
LD 88 Marijuana Legalization Delays implementation of the Marijuana Legalization Act until 2/1/2018. 2/1/2018
LD 1477 Antiharassment Training Mandates that employers use a compliance checklist from the state agency to develop a sexual harassment training program. 11/1/2017

Law Main Topic Summary Effective
HB 974 Security Breach Notification Amends existing notification law to expand the definition of protected personal information and adds notice duties, including where email access is disclosed. 1/1/2018

Law Main Topic Summary Effective
SB 211914 Equal Pay Prohibits employers from paying a lower rate than paid to employees of a different gender for comparable work. Bans salary history inquiries and prohibits employers from restricting employees from sharing wage information. 7/1/2018
SB 368015 Pregnancy Accommodations Obligates employers to reasonably accommodate all pregnant women and employees who need to express breast milk. 4/1/2018

Law Main Topic Summary Effective
St. Paul: Final Rule on Sick Time16 Protected Time Off: Earned Sick & Safe Time Adopts final rules implementing and enforcing the Earned Sick and Safe Time Ordinance (No. 233). 11/30/2017

Law Main Topic Summary Effective
AB 76 Criminal Background Checks Removes the duty of the state central repository of criminal records to provide certain information to employers and repeals immunity previously afforded employers under specific circumstances. 1/1/2018
SB 36117 Protected Time Off: Domestic Violence Requires employers to grant leave (up to 160 hours per year) to employees who are victims of domestic violence, or whose family or household members are victims. Obligates employers also to reasonably accommodate employees, including modified schedules or new work numbers. 1/1/2018

New York
Law Main Topic Summary Effective
SB 6406,
AB A9006C18
Protected Time Off: Family Leave Entitles an eligible employee to up to 12 weeks of paid family leave annually; program phases in on 1/1/2018 with up to 8 weeks of leave with pay set at 50% of the employee's average weekly wage. 1/1/2018
SB 2543 Workplace Safety: Electronic Smoking Devices Amends prohibition against smoking in public areas (including workplaces) to include electronic devices (i.e., vaping). 11/22/2017
New York City:
No. 125319
Salary History Prohibits employers from inquiring about an applicant's salary history and from relying on that history, unless it is offered voluntarily. 10/31/2017
New York City:
No. 1313-A20
Protected Time Off: Paid Safe Time Expands the City's paid sick leave requirements to cover "safe time," including if an employee or family member is a victim of a family or sexual offense, or stalking. 5/5/2018
New York City:
No. 138421
Fast Food Employees: Charitable Deductions Requires fast food employers, upon request, to arrange payroll deductions for employees to make voluntary contributions to authorized nonprofits. 11/26/2017
New York City:
No. 1388
Fast Food Employees: Shift Limitations Prohibits employers from requiring fast food employees to work two shifts with fewer than 11 hours rest between them, without written employee consent. Imposes $100 premium to employee if so scheduled. 11/26/2017
New York City:
No. 1395
Fast Food Employees: Opportunity to Work Requires fast food employers to offer available regular or on-call shifts to currently employed workers. Prohibits employers from hiring new employees to fill these shifts before offering shifts. 11/26/2017
New York City:
No. 1396
Fast Food Employees: Predictive Scheduling Requires fast food employers to provide new hires with good-faith estimate of weekly hours. All work schedules must be posted at least 14 days' in advance. Premium payments apply for changes to the posted schedule. 11/26/2017
New York City:
No. 1387
Retail Employees: Scheduling Limitations Prohibits retail employers from: (1) scheduling employees on call; (2) cancelling a shift within 72 hours; (3) requiring an employee to work with less than 72 hours' notice, except with written consent; and (4) requiring an employee to "call in" to confirm a shift less than 72 hours before it begins. 11/26/2017

North Carolina
Law Main Topic Summary Effective
SB 407 Worker Classification Creates an Employee Classification Section within the North Carolina Industrial Commission, to investigate reports of misclassification and to coordinate state agencies in recouping taxes, wages, etc. Also requires workplace posting. 12/31/2017

Law Main Topic Summary Effective
Admin. Code
Unemployment Insurance Requires employers to submit quarterly contribution, payroll, and/or wage reports electronically. 1/1/2018

Law Main Topic Summary Effective
HB 3008 Wage & Hour Records Prohibits employers from compelling employees to falsify documents related to hours worked or compensation received. Authorizes private actions and recovery of actual damages, penalties, fees, and costs. 1/1/2018
SB 29922 Protected Time Off: Paid Sick Leave Amends the Oregon paid sick leave law to expound on certain definitions, to permit an employer to cap accrual, and to clarify the method of payment for piece rate and commissioned employees. 1/1/2018
SB 769 Privacy: Social Security Numbers Adds new privacy protections for Social Security numbers, including the disposal of material or media with such information. 1/1/2018
SB 82823 Predictive Scheduling Requires employers with 500+ employees (in retail, hospitality, and food services) to provide new hires with a good-faith estimate of work schedules, including average monthly hours. Mandates that employers provide advance notice of schedules: 7 days advance notice as of 7/1/2018, and 14 days as of 7/1/2020. Premium payments apply for changes to the posted schedule. Also requires a minimum 10-hour rest period between shifts. 7/1/2018

Puerto Rico
Law Main Topic Summary Effective
No. 16-201724
Equal Pay Creates Puerto Rico Equal Pay Act (PR EPA). Bans salary history inquiries and prohibits pay discrimination based on sex as among employees performing comparable work requiring the same skill, effort, or responsibilities under similar conditions. While this law took effect in 2017, enforcement and liability for private employers attaches a year after enactment. 3/8/2018
No. 61-2017
Equal Pay Requires certain government contractors to comply with the PR EPA. While this law took effect in 2017, enforcement and liability attaches a year after enactment. 8/1/2018

Rhode Island
Law Main Topic Summary Effective
HB 5152 Cellphones & Driving Amends current restrictions to allow drivers to activate, view, or deactivate a navigation or GPS device while driving. 10/11/2017
HB 5182,
SB 175
Cellphones & Driving Bans all mobile phone use (not just texting) by drivers, with certain exceptions, including hands-free devices. 6/1/2018
HB 5413,
SB 29025
Protected Time Off: Paid Sick Leave Permits employees (working for employers with 18+ employees in the state) to accrue and use paid sick and safe time, up to 24 hours in 2018, with increases in following years. Requires employers to pay the employee's same rate and maintain benefits during leave. 7/1/2018
SB 676 Workers' Cooperatives Creates a statutory vehicle for the organization and operation of workers' cooperatives, i.e., corporations owned and democratically governed by their members. 1/1/2018

Law Main Topic Summary Effective
SB 249 Tax Withholding Requires that employers submit quarterly withholding returns electronically. 1/1/2018

Law Main Topic Summary Effective
HB 136 Pregnancy Accommodations Makes it unlawful for employers to refuse to provide reasonable accommodation for an employee's pregnancy-related condition, absent undue hardship. 1/1/2018
HB 462 Privacy: Social Media Accounts Prohibits employers from requiring or requesting that employees or applicants disclose personal social media account information (including usernames), access an account in the employer's presence, change account privacy settings, etc. 1/1/2018

Law Main Topic Summary Effective
HB 1646,
SB 1333
Wage Garnishment Lowers the maximum portion of disposable earnings subject to garnishment. 7/1/2018

Law Main Topic Summary Effective
SB 5975 Protected Time Off: Paid Family Leave Beginning 1/1/2020, entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Employers with 50 or fewer employees are exempt from employer contributions. Includes notice duties. 12/31/2019
No. 143326
Protected Time Off: Paid Sick Leave Entitles all employees to accrue paid sick leave, at a rate of 1 hour per 40 hours worked, with carryover to the next year. Relatedly, the Department of Labor & Industries is evaluating proposed regulations on the paid sick leave law.27 1/1/2018


1 Ilyse Schuman & Michael J. Lotito, WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?, Littler Report (Oct. 24, 2017).

2 See, e.g., Jorge R. Lopez, Sean M. McCrory & Shireen Judeh, Employers Should Prepare Now for Increased ICE Enforcement, Littler ASAP (Nov. 8, 2017); Patrick O'Brien & Jorge Lopez, USCIS's Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy, Littler ASAP (Oct. 30, 2017); Shin-I Lowe, White House Releases Trump Administration Immigration Policy Priorities, Littler ASAP (Oct. 11, 2017); Jorge Lopez & Shireen Judeh, New Presidential Proclamation Restricts Travel from Eight Countries, Littler ASAP (Sept. 26, 2017).

3 Ilyse Schuman & Michael J. Lotito, President Trump Issues Executive Order to Reshape Health Insurance Market, Littler ASAP (Oct. 12, 2017).

4 See Michael J. Lotito & Ilyse Schuman, House Introduces Bipartisan Bill Designed to Ease Joint Employer Uncertainty, Littler ASAP (July 27, 2017).

5 Ilyse Schuman & Michael J. Lotito, Republican Lawmakers Try New Approach to Paid Leave, Workplace Flexibility, Littler ASAP (Nov. 2, 2017).

6 See, e.g., Ilyse Schuman & Michael J. Lotito, WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures, WPI Report (Nov. 1, 2017).

7 See also Bruce Sarchet, Corinn Jackson & Betsy Cammarata, With Governor Brown's Signature, California Employers Face a Gauntlet of New Laws, Littler Insight (Oct. 16, 2017).

8 Bruce Sarchet, New California Law Prohibits Salary History Inquiries, Littler ASAP (Oct. 13, 2017).

9 Gayle Gonda, Michelle White & Jorge Lopez, New Law Governs Immigrant Worksite Enforcement Actions in California, Littler ASAP (Oct. 19, 2017).

10 Rod Fliegel & Allen Lohse, California Statewide Ban-the-Box Law Signed By Governor, Littler Insight (Oct. 16, 2017).

11 Alexis Sohrakoff, California Will Require Small Businesses to Provide 12 Weeks of Unpaid, Protected Leave for Baby Bonding Purposes, Littler ASAP (Oct. 13, 2017).

12 Bruce Sarchet & Corinn Jackson, Another San Francisco Treat: Mayor Lee Signs Salary History Ban, Littler ASAP (July 20, 2017).

13 Joon Hwang, Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants, Littler ASAP (June 19, 2017).

14 Christopher Kaczmarek, Stephen Melnick & Joseph Lazazzero, Massachusetts Adds Teeth to Equal Pay Obligations, Littler Insight (July 28, 2016).

15 Christopher B. Kaczmarek & Shannon M. Berube, Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees, Littler ASAP (July 27, 2017).

16 The St. Paul final rules are available here.

17 Rick Roskelley, Nevada Mandates Employer Provided Leave and Accommodations for Victims of Domestic Violence, Littler Insight (June 30, 2017).

18 Stephen Fuchs & Jill Lowell, New York Issues Final Paid Family Leave Law Regulations, Littler Insight (Aug. 9, 2017); Stephen Fuchs & Bruce Millman, Understanding New York's New Paid Family Leave Law, Littler Insight (May 23, 2016).

19 María Cáceres-Boneau, Jean Schmidt & David M. Wirtz, New York City Set to Ban Inquiries About Salary History, Littler ASAP (Apr. 14, 2017).

20 Jill Lowell & Sebastian Chilco, New York City Expands Types of Leave Covered by Paid Sick Leave Law, Littler ASAP (Nov. 8, 2017).

21 Eli Z. Freedberg, Christine L. Hogan, Bruce R. Millman & Michael J. Lotito, New York City Enacts Laws Limiting Employers' Flexibility To Staff Employees, Littler Insight (June 2, 2017) (discussing this package of "fair workplace" ordinances affecting fast food and retail operations); see also Eli Freedberg & Christine Hogan, The DCA Has Issued Proposed Rules for the New York City Fair Workweek's Predictive Scheduling Laws, Littler Insight (Oct. 25, 2017) (discussing rules promulgated by the New York City Department of Consumer Affairs interpreting and expanding the fair workplace ordinances).

22 Adam Brauner, Oregon Clarifies Paid Sick Leave Law, Littler ASAP (July 13, 2017).

23 Matt Scherer, New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers, Littler ASAP (Aug. 14, 2017).

24 Mariela Rexach & Ana Beatriz Rivera-Beltrán, Puerto Rico Employers Prepare for New Guidelines Governing Equal Pay in the Workplace, Littler ASAP (Aug. 14, 2017); José Dávila Caballero & Mariela Rexach, Puerto Rico Adopts Local Equal Pay Act, Littler ASAP (Mar. 9, 2017).

25 Jillian Folger-Hartwell & Sebastian Chilco, On the Rhode Again: Paid Sick Leave Drought Ends with New Rhode Island Law, Littler Insight (Oct. 2, 2017).

26 Pamela Salgado, Breanne Martell & Vanessa Lee, New Minimum Wage and Paid Sick Leave Laws for Washington Employers, Littler Insight (Dec. 22, 2016).

27 The proposed Washington regulations and other information about this initiative are available here.

To view the full article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Michael J. Lotito
Similar Articles
Relevancy Powered by MondaqAI
Lewis Brisbois Bisgaard & Smith LLP
Schnader Harrison Segal & Lewis LLP
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Lewis Brisbois Bisgaard & Smith LLP
Schnader Harrison Segal & Lewis LLP
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions