With the governor’s signing of New Jersey’s privacy law on January 16, 2024, New Jersey became the 14th U.S. state to pass a comprehensive data protection law. This accelerating legislative trend may have employment counsel...more
As of July 17, 2023, U.S.-based multinational employers that can access the personal data of their workforce members in the European Union (EU) via a human resources information system (HRIS), or otherwise transfer the...more
7/20/2023
/ Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Regulatory Reform ,
Regulatory Requirements ,
Schrems I & Schrems II ,
Standard Contractual Clauses
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
5/11/2023
/ Background Checks ,
Ban the Box ,
City of Chicago ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Illinois ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Regulations ,
Screening Procedures
On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more
3/29/2021
/ Adverse Employment Action ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws
In the two years since the Illinois Supreme Court ruled that a failure to obtain written consent prior to collecting an individual’s biometric data is enough to maintain an action under the Illinois Biometric Information...more
3/16/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Innovative Technology ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
Regulatory Agenda ,
State and Local Government
In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more
8/31/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Natural Disasters ,
Popular ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
USERRA ,
Wage and Hour ,
WARN Act
On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more
6/4/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII