On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more
8/7/2024
/ Amended Regulation ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Illinois ,
Personal Data ,
Personally Identifiable Information ,
Statutory Violations
On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more
As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more
3/1/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
International Data Transfers ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Management
Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently...more
2/21/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employer Liability Issues ,
Information Governance ,
Personal Data ,
Popular ,
Regulatory Requirements
As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more
This is the fourth in a series of articles about the implications of the California Privacy Rights Act for employers.
The impending January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has created a...more
4/15/2022
/ California ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Human Resources Professionals ,
New Regulations ,
Personal Information ,
Regulatory Reform ,
Regulatory Requirements ,
Service Agreements
This is the third in a series of articles about the implications of the California Privacy Rights Act for employers. -
On January 1, 2023, the California Privacy Rights Act (CPRA) will go into effect and California...more
1/26/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Employer Liability Issues ,
Notice Requirements ,
Personal Information ,
Regulatory Requirements
In the two years since the Illinois Supreme Court ruled that a failure to obtain written consent prior to collecting an individual’s biometric data is enough to maintain an action under the Illinois Biometric Information...more
3/16/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Innovative Technology ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
Regulatory Agenda ,
State and Local Government
With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Personal Data ,
Popular ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring...more
9/19/2019
/ Analytics ,
Artificial Intelligence ,
Data Collection ,
Data Management ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Innovative Technology ,
Interviews ,
Job Applicants ,
Labor Regulations ,
Notice Requirements ,
OFCCP ,
Prior Express Consent ,
Regulatory Requirements ,
Screening Procedures ,
Service Agreements ,
Third-Party Service Provider
On November 20, 2018, the Illinois Supreme Court will hear oral arguments in a case that has significant implications for Illinois employers, though it is not an employment-law case.
Originally published by the Washington...more
Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more
1/10/2018
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Popular
Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class...more
12/6/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Risk Management ,
Wage and Hour