Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant...more
In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022...more
1/28/2022
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
National Security ,
Popular ,
Ransomware ,
Standard Contractual Clauses ,
State Privacy Laws ,
TCPA
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
1/20/2022
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CMIA ,
Consumer Privacy Rights ,
Contractors ,
Cookies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Business ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
For-Profit Corporations ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Record Retention ,
Sensitive Personal Information ,
Third-Party
With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data. First, AB...more
Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the...more
In late May, New York Attorney General Letitia James announced a $200,000 settlement agreement with Filters Fast, an online water filtration retailer, stemming from a 2019 data breach compromising the personal information of...more
6/8/2021
/ Breach Notification Rule ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Data Breach ,
New York ,
Personal Information ,
Policies and Procedures ,
Settlement Agreements ,
SHIELD Act ,
State Attorneys General ,
Websites
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more
5/13/2021
/ Business Expenses ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Non-Exempt Employees ,
Pay Equity Laws ,
Race Discrimination ,
Reimbursements ,
Remote Working ,
Rest and Meal Break ,
Return-to-Work Agreements ,
Statute of Limitations ,
Telecommuting ,
Vaccinations ,
Wage and Hour
As access to COVID-19 vaccines becomes more prevalent, and we begin to conceptualize what a post-pandemic world might look like, many governments are assessing the idea of a COVID-19 vaccine passport framework. In late...more
5/11/2021
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Data Storage ,
European Commission ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
GINA ,
Personal Data ,
Vaccinations ,
Vaccine Passports
Increased remote work due to the COVID-19 pandemic has only exacerbated privacy and cybersecurity concerns, and likely has not changed the finding in Experian’s 2015 Second Annual Data Breach Industry Forecast:.....more
The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021. Most states have already done so.
A BenefitsPro article cites a 2017 survey from the Society for...more
4/14/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Data Privacy ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Incentives ,
Labor Relations ,
Liability ,
Local Health Departments (LHDs) ,
National Institute of Health (NIH) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reporting Requirements ,
Vaccinations
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more
2/2/2021
/ 401k ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fluctuating Workweek ,
Higher Education Act ,
Independent Contractors ,
Labor Code ,
Layoffs ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Ridesharing ,
SCOTUS ,
Sexual Harassment ,
TCPA ,
Trucking Industry ,
Wage and Hour
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021...more
1/28/2021
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
ATDS ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
OCR ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
TCPA
As employers continue to grapple with a safe return to the workplace, on January 21, the U.S. Center for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of...more
As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more
11/3/2020
/ ABC Test ,
Administrative Law Judge (ALJ) ,
Class Action ,
Collective Actions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Due Diligence ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Hybrid Plan ,
Independent Contractors ,
Mitigating Factors ,
Remote Working ,
USERRA ,
Wage and Hour ,
WARN Act
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) have issued a joint cybersecurity advisory stating they have...more
10/30/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Health and Human Services (HHS) ,
FBI ,
Multi-Factor Authentication ,
Passwords ,
Ransomware ,
Remote Desktop Protocols ,
TTP
As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential...more
Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more
9/9/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Remote Working ,
Screening Procedures ,
Title VII ,
Virus Testing ,
Workplace Safety
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more
8/6/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Class Action ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retention ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
No-Poaching ,
OSHA ,
Personal Protective Equipment ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Workplace Safety
In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the...more
As the COVID-19 pandemic presses on, privacy and security matters continue to be at the forefront for federal and state legislature. We recently reported that Washington D.C. updated its data breach notification law. Now, the...more
As organizations work feverishly to return to business in many areas of the country, they are mobilizing to meet the myriad of challenges for providing safe environments for their workers, customers, students, patients, and...more
5/11/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called...more