Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more
4/23/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Dismissals ,
Eavesdropping ,
Electronic Communications ,
Internet ,
Invasion of Privacy ,
Privacy Policy ,
Risk Mitigation ,
Summary Judgment ,
Third-Party ,
Website Owner Liability ,
Websites ,
Wiretapping
California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more
A bill introduced in the California legislature this session aims to prevent employers from posting job notices for positions that don’t actually exist – a growing trend referred to as “ghost” job postings. If you’re not...more
4/2/2025
/ Business & Professions Code ,
California ,
Disclosure Requirements ,
Hiring & Firing ,
Human Resources Professionals ,
Job Ads ,
Job Applicants ,
Proposed Legislation ,
Recruitment Policies ,
State Labor Laws ,
Unfair Competition
A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more
4/2/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data Selling ,
Data-Sharing ,
Enforcement Actions ,
Geolocation ,
Location Data ,
Sensitive Personal Information ,
State Attorneys General
Oregon consumers submitted more than 100 privacy complaints to the state’s justice department within six months of the Oregon Consumer Privacy Act (OCPA) taking effect, and businesses subject to the new law need to take note....more
4/2/2025
/ Consumer Privacy Rights ,
Cure Periods ,
Data Collection ,
Data Controller ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
New Legislation ,
Oregon ,
Personal Data ,
Privacy Policy ,
State Attorneys General ,
State Privacy Laws
A recent federal appeals court decision rejecting a business’s attempts at enforcing its online arbitration agreement offers lessons for businesses across the country on how to craft a valid agreement for your website. The...more
3/20/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Automatic Renewals ,
Consumers Legal Remedies Act ,
Contract Terms ,
Online Contracts ,
Popular ,
Terms of Use ,
Unenforceable Contract Terms ,
Unfair Competition Law (UCL)
Another California lawmaker wants the state to be at the forefront of AI regulation, unveiling the “No Robo Bosses” Act and taking direct aim at the use of AI in the workplace. Senate Bill 7, released by Senator Jerry...more
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
3/6/2025
/ California ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Use Policies ,
Data-Sharing ,
Employee Monitoring ,
Employee Tracking ,
GPS ,
IP Addresses ,
Location Data ,
Notice Requirements ,
Opt-In ,
Privacy Policy ,
State Privacy Laws ,
Websites
California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
2/11/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Invasion of Privacy ,
Popular ,
State Privacy Laws ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
In a major development for all businesses handling health data, New York lawmakers passed a sweeping health data privacy bill Wednesday that could have far-ranging consequences across the country. S929, also known as the New...more
1/24/2025
/ Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
New York ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more
1/20/2025
/ Artificial Intelligence ,
Automation Systems ,
Bias ,
California ,
Employer Liability Issues ,
Healthcare Workers ,
Hiring & Firing ,
Layoffs ,
New York ,
Privacy Laws ,
Regulatory Oversight ,
Reporting Requirements ,
State Attorneys General ,
State Labor Laws ,
Transparency
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
1/15/2025
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Laws ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more
1/10/2025
/ Best Practices ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Documentation ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Tracking ,
Geolocation ,
Informed Consent ,
Legitimate Business Purpose ,
Privacy Laws ,
Proportionality ,
Transparency
With the HIPAA Security Rule set to undergo a massive overhaul to boost cybersecurity protections, PEOs need to take note. After all, as stewards of worksite employee and client company data – and as sponsors of group health...more
1/8/2025
/ Comment Period ,
Covered Entities ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employer Group Health Plans ,
HIPAA Security Rule ,
Professional Employer Organization ,
Proposed Rules ,
Public Comment ,
Risk Assessment
In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more
12/19/2024
/ CIPA ,
Class Certification ,
Cookies ,
Corporate Counsel ,
Data Privacy ,
Invasion of Privacy ,
Personal Information ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
Comprehensive consumer privacy laws are rapidly expanding across the United States, significantly impacting PEOs. Currently, 19 states have enacted privacy laws, with eight already in effect and 11 set to take effect between...more
12/17/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Subjects Rights ,
Data Use Policies ,
Data-Sharing ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Professional Employer Organization
As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more
12/12/2024
/ Affirmative Action ,
Agricultural Sector ,
Analytics ,
Artificial Intelligence ,
California ,
Car Dealerships ,
Construction Industry ,
Construction Workers ,
Cybersecurity ,
Data Privacy ,
Educational Institutions ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
International Labor Laws ,
Labor Reform ,
Labor Relations ,
Manufacturing Employers ,
Mexico ,
Non-Compete Agreements ,
Pay Equity Laws ,
Professional Employer Organization ,
Retailers ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
Student Athletes ,
Technology Sector ,
Trade Secrets ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
It’s no longer good enough for your business to have a reactive approach to consumer privacy – you need a proactive strategy to manage compliance, foster consumer trust, and stay competitive in this modern era. While many...more
11/13/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data Subject Access Requests ,
Data-Sharing ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party Risk ,
Vendor Contacts ,
Vendors
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more
10/25/2024
/ Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
MA Supreme Judicial Court ,
Privacy Laws ,
Web Tracking ,
Websites ,
Wiretap Act ,
Wiretapping
The federal government just fundamentally changed how businesses need to handle recurring subscriptions by unveiling its new “Click-to-Cancel” rule and making it mandatory to simplify cancellation processes. Designed to...more
Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more
9/10/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Consumer Confusion ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data Use Policies ,
Personally Identifiable Information ,
Privacy Policy ,
Website Owner Liability ,
Websites
Google no longer plans to remove third-party cookies from its web browser, according to a July 22 announcement. Instead, the tech giant will explore other options that allow users to make informed choices that apply across...more
A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more
8/14/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookies ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
PHI ,
Popular ,
Websites
This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
8/6/2024
/ Business Closures ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety