News & Analysis as of

Employer Liability Issues E-Signatures

Amundsen Davis LLC

Illinois Amends BIPA To Limit Violations And Recovery Under The Act

Amundsen Davis LLC on

On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more

Ervin Cohen & Jessup LLP

Another Blow to E-Signed Arbitration Agreements in California

Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees. The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple,...more

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

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

Fox Rothschild LLP

When Employees Sue, You may Wish They had Signed Their Arbitration Agreements by Hand

Fox Rothschild LLP on

Hand-signed arbitration agreements will be easier for employers to enforce in light of a recent California Court of Appeal ruling. Declarations from former employees claiming they “do not recall” having signed their...more

Gibney Anthony & Flaherty, LLP

Reminder: USCIS COVID-19 Flexibilities Continue Through January 24, 2023

U.S. Citizenship and Immigration Services (USCIS) continues to extend certain COVID-19-related flexibilities through Jan. 24, 2023. WHAT THIS MEANS FOR EMPLOYERS AND FOREIGN NATIONALS - Under this policy, petitioners...more

Akerman LLP - HR Defense

Born Under a Bad Sign: Avoiding Electronic Signature Blues

When Albert King sang “Born Under a Bad Sign,” he was not referring to a document containing an invalid electronic signature. Nevertheless, in a post-COVID world with large numbers of remote workers, employers can take...more

Greenberg Glusker LLP

John Hancock, Meet the Digital Age - Best Practices When Obtaining Employee E-Signatures on Arbitration Agreements

Greenberg Glusker LLP on

Traditionally, a signature affixed to a document indicates that the person who “squiggled” on the document understands and agrees to the terms of the document. However, an electronic signature may not be as easy to...more

Dentons

HR Quick Take: Electronic Signatures

Dentons on

Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act? A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be...more

Dorsey & Whitney LLP

Quirky Question #268: E-Sign Away!

Dorsey & Whitney LLP on

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that...more

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

California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature

Ruiz v. Moss Bros. Auto Group., Inc., No.E057529 (December 23, 2014): Challenges to the validity and enforcement of arbitration agreements continue to be a hotly litigated area of California wage and hour law, specifically...more

Ballard Spahr LLP

No Arbitration Where Employer Was Unable To Authenticate Employee's Electronic Signature on Arbitration Agreement

Ballard Spahr LLP on

The California Court of Appeal, Fourth District, recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an...more

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