News & Analysis as of

Record Retention

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Woods Rogers

Employers Must Pay Close Attention to Form I-9 Processing

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In today's legal landscape, compliance with immigration laws is crucial for businesses of all sizes. Employers have a legal obligation to verify the employment eligibility of their workers, and one essential aspect of this...more

Fisher Phillips

Government’s Shredding of Key Documents Leads Judge to Dismiss North Carolina Safety Case – Possible Relief for Your Business?

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A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Littler

USCIS Will Destroy E‑Verify Records 10+ Years Old on January 6, 2025

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On October 7, 2024, the USCIS issued a reminder to all employers using E-Verify that they have until January 5, 2025, to download records for E‑Verify cases last updated on or before December 31, 2014. The next day, on...more

Perkins Coie

Rise in Popularity of AI Transcription Services Brings Litigation and Disclosure Risks

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The increasing use of artificial intelligence (AI) transcription and note-taking services in virtual meetings allows participants to focus on discussions without the distraction of taking notes. But this convenience comes...more

Foley & Lardner LLP

FDA Clinical Investigations: New Guidance on Electronic Systems

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On October 2, 2024, the U.S. Food and Drug Administration (FDA) released guidance in a question and answer format regarding the use of electronic systems, electronic records, and electronic signatures in clinical...more

Seyfarth Shaw LLP

Last Call for E-Verify Records: Compliance Steps Before the January 5, 2025 Disposal

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USCIS’s E-Verify Disposal Announcement - The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last...more

Latham & Watkins LLP

In California, New Automatic Renewal and Continuous Service Requirements Signed Into Law

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Companies offering automatic renewal or continuous service terms to consumers subject to California law should review their consent, notice, and cancellation practices. On September 24, 2024, California Governor Gavin...more

Fenwick & West LLP

California Tightens Requirements for Automatically Renewing Subscriptions

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On September 24, 2024, Governor Gavin Newsom signed into law Assembly Bill No. 2863, which will further amend California’s Automatic Renewal Law (ARL)....more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

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On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

Pagefreezer

Mitigating the Healthcare Compliance Risks of Team Collaboration Tools

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There’s little doubt that team collaboration tools like Slack and Microsoft Teams can streamline and simplify communication in a healthcare environment. With the ability to share files, have direct conversations, and even...more

Dorsey & Whitney LLP

Biden Administration Again Expands Sanctions on Russia and Its Third Party Supporters

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As Russia continues its war against Ukraine and Ukraine has itself recently opened a new front by capturing Russian territory in its Kursk region, the United States announced on August 23 its latest tranche of sanctions...more

DLA Piper

Gone in a Flash: Unravelling the Mystery of Ephemeral Messaging

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Imagine a modern-day meeting room in a bustling corporate office, where executives and employees alike converse in hushed tones, no notes or minutes are taken, and their words disappear almost as quickly as they are spoken....more

Amundsen Davis LLC

ILLINOIS EMPLOYER ALERT: Illinois Notably Amends the Human Rights Act and Personnel Records Review Act in Employees’ Favor

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Illinois continues to change the landscape for employers, allowing employees more leeway when it comes to the Illinois Human Rights Act (IHRA) and Illinois Personnel Records Review Act (IPRRA). Recent Amendments to the...more

Husch Blackwell LLP

Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

Husch Blackwell LLP on

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Health Care Compliance Association (HCCA)

Healthcare Document Retention

Document retention is one of those persistent issues that comes with a great deal of complexity. As Michael Kearney, Head Solution Architect, Redgrave Data explains in this podcast, organizations have to deal with a dizzying...more

Mitratech Holdings, Inc

How Long Do You Need to Keep I-9 Forms?

Employment documentation is a daunting task for HR leaders and business owners. However, there are few documents that cause quite as much confusion as the I-9 form....more

Society of Corporate Compliance and Ethics...

Record Retention and Information Governance

Record retention and information governance have grown exponentially more complex as the number of laws have proliferated and the amount of data housed has exploded. This has vastly complicated the question of what data to...more

White & Case LLP

SEC’s Focus on Off-Channel Communications Continues

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On September 29, the US Securities and Exchange Commission ("SEC") brought its latest wave of enforcement actions related to "off-channel communications," charging 10 additional firms with failing to maintain employee...more

Bracewell LLP

Personal Devices and Messaging Platforms in the Workplace: Tips, Tactics and Best Practices for In-House Counsel

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Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and...more

Onna Technologies, Inc.

[Webinar] Declutter Your Data: Strategies for Efficient Data Retention & Risk Reduction - October 25th, 1:00 pm - 2:00 pm ET

In an era where data is often referred to as the “new oil,” an abundance of it can lead to unexpected challenges. Back in 2012, IDC estimated that information workers spent an average of 9.4 hours per week simply sifting...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

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Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Marshall Dennehey

Political Subdivisions Need Only Be Reasonable, Not Herculean, in Their Attempts to Locate Records to Be Produced in Response to...

Marshall Dennehey on

A relator filed a mandamus action to compel the City of Sheffield to produce documents in response to a public records request. Despite utilizing an outside IT vendor, the City was unable to locate any images of the documents...more

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