Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions,...more
1/17/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
Information and Communication Technology (ICT) ,
Mobile Health Apps ,
Popular ,
Remote Working ,
Risk Assessment ,
Robotics ,
Telehealth
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more
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 the last decade, organizations of varied industries and sizes have heightened their focus on diversity, equity, and inclusion (DEI) initiatives and, since 2020, DEI has become a top priority. COVID-19 pandemic realities,...more
1/28/2022
/ Anti-Discrimination Policies ,
Assessment ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Popular ,
Record Retention ,
Schrems I & Schrems II
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
Few want to get past the COVID-19 pandemic more than leaders of federal and state unemployment benefit departments. For the last 2 years they have been successfully targeted for fraud and data breaches, racking up billions in...more
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
Last week, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) implementing President Joe Biden’s COVID-19 vaccine mandate covering employers with at least 100 employees. The...more
11/8/2021
/ Coronavirus/COVID-19 ,
Document Retention Policies ,
Documentation ,
Employer Mandates ,
Employment Records ,
Immunization Records ,
Medical Records ,
OSHA ,
Recordkeeping Requirements ,
Third-Party ,
Vaccinations ,
Virus Testing
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
As employers consider implementing a vaccine mandate to encourage employees to get vaccinated against COVID-19, we have recently discussed the merits of imposing a “vaccine surcharge” on monthly health insurance premiums for...more
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more
10/1/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Disclosure ,
Employment Records ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
OCR ,
OSHA ,
Personal Information ,
PHI ,
Physicians ,
Vaccinations
Testing for COVID-19 certainly has evolved over the past 18 months or so. As supply and allocation continue to face challenges, guidance on serological/antibody versus viral testing, testing in the workplace, informed...more
9/13/2021
/ Coronavirus/COVID-19 ,
Delta Airlines ,
Department of Labor (DOL) ,
Emergency Use Authorization (EUA) ,
Food and Drug Administration (FDA) ,
Health Insurance ,
Joe Biden ,
OSHA ,
Surcharges ,
Vaccinations ,
Virus Testing
Cities step up their efforts to combat the COVID-19 Delta variant. New York City, New Orleans, and San Francisco have all announced requirements for certain persons to produce evidence of COVID vaccination status in order to...more
8/23/2021
/ California Consumer Privacy Act (CCPA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Masks ,
Personal Information ,
Reasonable Accommodation ,
Restaurant Industry ,
Social Distancing ,
Vaccinations ,
Vaccine Passports
According to Forbes.com, more employers are considering imposing a premium surcharge on employees participating in the company’s health plan who are not vaccinated for COVID-19. Whether positioned as rewards or penalties,...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
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more
6/2/2021
/ Adverse Employment Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
IRS ,
Medical Examinations ,
New Guidance ,
Vaccinations ,
Voluntary Participation ,
Wellness Programs
On May 11, 2021, the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health & Human Services published an interim final rule/guidance to establish COVID-19 vaccination requirements for Long-Term Care...more
5/27/2021
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Data Privacy ,
Long Term Care Facilities ,
Nursing Homes ,
Recordkeeping Requirements ,
Required Documentation ,
Training Requirements ,
Vaccinations ,
Virus Testing
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
In a recent post, we highlighted the need for a privacy and cybersecurity training program, one not solely focused on spotting phishing attempts (although that is quite important as well). A primary reason, quite simply, is...more
4/28/2021
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Data Security ,
Employee Training ,
GitHub ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Popular ,
Remote Working ,
Security Breach ,
State Health Departments
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
Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more
One of industries perhaps hardest hit by the coronavirus, the travel industry, received welcomed news late last week in the form of CDC guidance stating that people fully vaccinated against COVID-19 can resume domestic travel...more