A new frontier emerges in the shadow of Colorado’s majestic peaks – Colorado’s governor signed into law a first-of-its-kind comprehensive artificial intelligence (“AI”) law in May 2024. ...more
The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more
On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office stated that it sent inquiry letters to large...more
7/31/2023
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Covered Employer ,
Data Protection ,
Employee Rights ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Personal Information ,
State Attorneys General ,
State Privacy Laws
On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California...more
It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace...more
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automation Systems ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
New Guidance ,
NLRB ,
OSHA ,
OSTP ,
Regulatory Oversight ,
Request For Information
The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the...more
California employers have navigated the ever-changing privacy landscape when it comes to employee and personnel personal information (“human resources data”). For years, California employers’ obligations were narrow in scope...more
Get ready, large employers. After years of amendments exempting the personal information of employees and other personnel from the California Consumer Privacy Act (“CCPA”), covered employers now have a firm deadline by which...more
12/22/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance Dates ,
Covered Employer ,
Employee Privacy Rights ,
Employment Policies ,
Exemptions ,
Human Resources Professionals ,
Large Employer ,
Personal Data ,
Personal Information ,
Personnel Records ,
Privacy Policy ,
Risk Management
Californians voted to enact the California Privacy Rights Act (“CPRA”) almost one year ago. Last week, Governor Gavin Newsom signed three new privacy bills into law....more
10/14/2021
/ Amended Legislation ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Corporate Counsel ,
Data Collection ,
Genetic Materials ,
Genetic Testing ,
Governor Newsom ,
New Legislation ,
Personal Data ,
Personal Information ,
Rulemaking Process ,
Sensitive Personal Information
Not since the disappearance of Amelia Earhart, have people wondered more. Which companies were the early targets of the California Attorney General’s enforcement of the California Consumer Privacy Act (“CCPA”) and on what...more
In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
The U.S. Supreme Court’s recent decision in TransUnion LLC v. Ramirez will make it far more difficult for class action plaintiffs to demonstrate the requisite harm to satisfy Article III standing. Although involving a...more
7/1/2021
/ Article III ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
When the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, most observers expected a flood of CCPA class action lawsuits against companies essentially defenseless against the proscriptive liability...more
Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more
1/15/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage Orders
Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more
1/7/2021
/ Advertising ,
Arbitration ,
Breach of Contract ,
Conversion ,
Dilution ,
Employment Contract ,
Influencers ,
Instagram ,
IP License ,
Marketing ,
Online Endorsements ,
Social Networks ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
California employers who hired new employees may now apply for tax relief following Governor Gavin Newsom’s announcement of the Main Street Hiring Tax Credit. As part of the emergency relief provided in Senate Bill 1447 to...more