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
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
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
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
The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more
7/21/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Processors ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses
As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on...more
8/27/2019
/ Cybersecurity ,
Data Breach ,
Data Management ,
Data Protection ,
Data Security ,
Hackers ,
Human Resources Professionals ,
Information Technology ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Security Standards ,
SHIELD Act ,
State and Local Government ,
State Data Breach Notification Statutes
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
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
Effective May 30, 2017, Japan amended its omnibus data protection law, the Personal Information Protection Act (“PIPA”), to add new compliance requirements that will have an immediate impact on many U.S. multinational...more
7/6/2017
/ Amended Legislation ,
Cybersecurity ,
Data Collection ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
Japan ,
Multinationals ,
Personally Identifiable Information ,
PIPA ,
Popular ,
Small Business
Recent, highly publicized data security incidents highlight the continued vulnerability of corporate information systems. Notably, employees who fall prey to sophisticated phishing e-mails and other scams often contribute to...more
5/19/2017
/ Background Checks ,
Confidentiality Agreements ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Email ,
Employee Training ,
Hackers ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Risk Management
With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more
4/25/2017
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Hackers ,
New Legislation ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
State Data Breach Notification Statutes ,
W-2
HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more
3/8/2017
/ Class Action ,
Email ,
Hackers ,
Human Resources Professionals ,
Identity Theft ,
IRS ,
Payroll Records ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Social Security Numbers ,
Tax Fraud ,
Tax Returns ,
W-2
With over 680 security breaches reported so far in 2016, more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification...more
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
The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more
8/5/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automation Systems ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Disability ,
Doffing ,
Donning ,
Extraterritoriality Rules ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
On-Call Employees ,
OSHA ,
Popular ,
Privacy Concerns ,
Robotics ,
Section 7 ,
Severance Agreements ,
Technology ,
Unions ,
Wage and Hour ,
WARN Act ,
Wearable Technology
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 May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more
5/17/2016
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Popular ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
The ubiquity of smartphone applications ("apps") that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement...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
It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach. Forty-seven states require employers to notify employees when defined categories of personal information, including...more
11/4/2015
/ Attorney General ,
Breach Notification Rule ,
Compliance ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Employer Liability Issues ,
Hackers ,
Healthcare ,
Multistate Corporations ,
Personally Identifiable Information ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Reporting Requirements ,
Social Security Numbers
Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more
10/30/2015
/ Administrative Law Judge (ALJ) ,
Blogging Platforms ,
Employment Policies ,
Facebook ,
NLRA ,
NLRB ,
Online Platforms ,
Popular ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks ,
Starbucks
In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more
10/7/2015
/ Cybersecurity ,
Data Protection ,
Data Security ,
Data Transfers ,
Enforcement Guidance ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Multinationals ,
National Security Agency (NSA) ,
Personal Data ,
Popular ,
PRISM Program ,
Safe Harbors ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework