Following laws enacted in jurisdictions such as Colorado, New York City, Tennessee, and the state’s own Artificial Intelligence Video Interview Act, on August 9, 2024, Illinois’ Governor signed House Bill (HB) 3773, also...more
8/14/2024
/ Artificial Intelligence ,
Audits ,
Bias ,
Corporate Counsel ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights Act ,
Illinois ,
Machine Learning ,
Recruitment Policies ,
Risk Management ,
Transparency ,
Wage and Hour
On April 4, 2024, Kentucky’s Governor signed House Bill 15, which establishes a consumer data privacy law for the state. The state joins New Hampshire and New Jersey in passing comprehensive consumer privacy laws in 2024....more
On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more
3/7/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Governor Sununu ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Personal Data ,
State Privacy Laws
The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI).
On May 18, 2023, as part of its Artificial Intelligence and...more
8/14/2023
/ Age Discrimination ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Civil Rights Act ,
Corporate Counsel ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Screening Procedures ,
Title VII
On December 16, 2022, the California Privacy Protection Agency (CPPA) had its final meeting before the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act takes effect on January 1, 2023....more
1. What’s changing?
Under the current version of the California Consumer Privacy Act (“CCPA”), an employer’s obligations related to the personal information it collects from employees, applicants, and contractors residing...more
9/28/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Do Not Sell ,
Employee Rights ,
Job Applicants ,
Notice Requirements ,
Personal Information ,
Privacy Policy
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. ...more
5/4/2022
/ California Consumer Privacy Act (CCPA) ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Risk Assessment ,
State Privacy Laws
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
According to reports, Kronos, the cloud-based, HR management service provider, suffered a data incident involving ransomware affecting its information systems. Kronos communicated that it discovered the incident late on...more
Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became...more
In April, we posted about the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issuing cybersecurity guidance for employee retirement plans. That is, April 14, 2021. Shortly thereafter, the...more
Globalization, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity...more
The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law...more
6/15/2021
/ Corporate Counsel ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Governor Abbott ,
Notification Requirements ,
State Attorneys General ,
State Data Breach Notification Statutes
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
5/26/2021
/ Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
CDPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Controller ,
DPPA ,
Duty of Care ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New York ,
Opt-In ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Written Notice
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
Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum...more
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
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
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
As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share....more
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers using data analytics, including the following...more
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action...more
It’s hard to understate the range of issues the California Consumer Privacy Act (the “CCPA”) raises for covered businesses and their service providers. One of those issues involves the meaning of “consumer.” If you have been...more
12/12/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
Privacy Laws ,
Shareholders
Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric...more