On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more
8/7/2024
/ Amended Regulation ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Illinois ,
Personal Data ,
Personally Identifiable Information ,
Statutory Violations
Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data...more
As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more
3/1/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
International Data Transfers ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Management
Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently...more
2/21/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employer Liability Issues ,
Information Governance ,
Personal Data ,
Popular ,
Regulatory Requirements
Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more
Multinationals with employees in the People’s Republic of China (PRC) continue to confront a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
Following on the heels of the launch of the EU-U.S. Data Privacy Framework (DPF) this summer, the U.S. Department of Commerce has extended the DPF to cover transfers of personal data from the United Kingdom (UK) (and...more
U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
9/25/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
International Data Transfers ,
Multinationals ,
Personal Information Protection Law (PIPL) ,
Personally Identifiable Information ,
Popular
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
As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29,...more
This is the fourth in a series of articles about the implications of the California Privacy Rights Act for employers.
The impending January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has created a...more
4/15/2022
/ California ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Human Resources Professionals ,
New Regulations ,
Personal Information ,
Regulatory Reform ,
Regulatory Requirements ,
Service Agreements
This is the third in a series of articles about the implications of the California Privacy Rights Act for employers. -
On January 1, 2023, the California Privacy Rights Act (CPRA) will go into effect and California...more
1/26/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Employer Liability Issues ,
Notice Requirements ,
Personal Information ,
Regulatory Requirements
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
With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Personal Data ,
Popular ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
As COVID-19 continues to spread throughout the United States, employers that currently have employees reporting into their facility each day are being forced to consider stringent measures to protect the health and safety of...more
In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring...more
9/19/2019
/ Analytics ,
Artificial Intelligence ,
Data Collection ,
Data Management ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Innovative Technology ,
Interviews ,
Job Applicants ,
Labor Regulations ,
Notice Requirements ,
OFCCP ,
Prior Express Consent ,
Regulatory Requirements ,
Screening Procedures ,
Service Agreements ,
Third-Party Service Provider
On November 20, 2018, the Illinois Supreme Court will hear oral arguments in a case that has significant implications for Illinois employers, though it is not an employment-law case.
Originally published by the Washington...more
Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more
1/10/2018
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Popular
While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more
12/7/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Defense Strategies ,
Employer Liability Issues ,
Facial Recognition Technology ,
Notice Requirements ,
Popular ,
Standing ,
Substantial Risk of Harm
Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class...more
12/6/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Risk Management ,
Wage and Hour
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