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Vendor Breaches and Their Implications for Employers

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

Amendment To Japan’s Omnibus Data Protection Law Mean New Compliance Requirements For U.S. Multinational Employers With Operations...

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

Helping To Protect Your Company From A Cyber-Attack: Eight Tips For Human Resources Professionals And In-House Employment Counsel

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

Security Breach Notification Becomes More Complex For Employers

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

It's W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization's Employees

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

Four States Expanded Employer Data Breach Notification Obligations in 2016

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

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

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

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

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

U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

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

FTC Releases Updated FCRA Guidance On Background Checks

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

Austin Becomes the First City in Texas to “Ban the Box”

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

Workplace Recording Bans and the NLRA: Are "No-Recording" Policies Still Allowed?

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

EU Privacy Regulators: Newly Announced "Privacy Shield" Not A Safe Harbor Yet

In response to the February 2, 2016, announcement by the European Commission (the "Commission") and the U.S. Commerce Department of a new framework, called the "Privacy Shield," to replace the invalidated U.S.-European Union...more

EU and US Beat the Clock With Their Announcement of the "Privacy Shield" a/k/a Safe Harbor 2.0

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

Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework – The General Data...

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

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

Portland, Oregon Bans the Box

On November 25, 2015, Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process. With these new rules,...more

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

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

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

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

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

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

The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

Oregon to Become the Latest State to Ban the Box

On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process...more

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