Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
9/25/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
International Data Transfers ,
Multinationals ,
Personal Information Protection Law (PIPL) ,
Personally Identifiable Information ,
Popular
With presidential assent granted on August 11, 2023, for India’s Digital Personal Data Protection Act, 2023 (“DPDA” or the “Act”), India joined the ranks of dozens of jurisdictions globally that have enacted comprehensive...more
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29,...more
At long last, the European Commission, on June 4, 2021, adopted new Standard Contractual Clauses (“new SCCs”) to permit lawful transfers of personal data from the European Union (EU) to third countries such as the United...more
By April 30, 2020, the stay-at-home orders imposed in at least 15 U.S. states will have expired. Although the governors of some of these states are likely to extend the prohibition on employees of “non-essential” businesses...more
As COVID-19 continues to spread throughout the United States, employers that currently have employees reporting into their facility each day are being forced to consider stringent measures to protect the health and safety of...more
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
While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more
12/7/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Defense Strategies ,
Employer Liability Issues ,
Facial Recognition Technology ,
Notice Requirements ,
Popular ,
Standing ,
Substantial Risk of Harm
The announcement by Equifax, Inc. that it had been victimized in a hacking incident involving the personal information of 143 million Americans generated headlines this past week. The sheer size of the hack means that most...more
9/18/2017
/ Corporate Counsel ,
Data Breach ,
Equifax ,
EU ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation ,
State Data Breach Notification Statutes ,
Vendors
Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more
8/30/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Confidential Information ,
Corporate Counsel ,
Disparagement ,
Employee Handbooks ,
Facebook ,
False Statements ,
Fast-Food Industry ,
Logos ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Restaurant Industry ,
Section 7 ,
Social Media ,
Social Media Policy ,
Trademarks ,
Twitter
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more
On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more
On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more
On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more
In a long-awaited and much-anticipated announcement, the U.S. Department of Commerce and the European Commission (the “Commission”) declared on February 2, 2016, that they had struck a deal on a new cross-border data transfer...more
The European Union’s (EU) new data protection framework, known as the General Data Protection Regulation (the “Regulation”), is, at bottom, a response to the astonishing evolution in online commerce. As a result, only one of...more
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more
6/18/2015
/ Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
New Legislation ,
Passwords ,
Popular ,
Privacy Laws ,
Social Media ,
Social Media Policy ,
Young Lawyers
March 30, 2015 Authors: Philip Gordon and Joon Hwang As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards...more
In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very...more
With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more
In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more
Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more
5/14/2014
/ Corporate Counsel ,
Electronic Communications ,
Electronic Devices ,
Employee Rights ,
Employer Liability Issues ,
New Legislation ,
Privacy Laws ,
Privacy Policy ,
Right to Privacy ,
Social Media ,
Social Networks ,
Workplace Investigations