The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
4/5/2024
/ California ,
CIPA ,
Consent ,
Cookies ,
Data Collection ,
Electronic Monitoring ,
Invasion of Privacy ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
President Biden issued an Executive Order on February 28, 2024 to prevent access to U.S. Citizens’ sensitive personal data and U.S government-related data by countries of concern. This executive order targets data brokers...more
3/5/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Brokers ,
Data Protection ,
Data Sellers ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
International Data Transfers ,
Personal Data
After multiple delays, the United States Equal Employment Opportunity Commission’s (EEOC) EEO-1 filing deadline is locked on December 5, 2023 (for data pertaining to 2022). All private sector employers with 100 or more...more
9/20/2023
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Labor Laws ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On February 14, 2023, the California Privacy Protection Agency (CPPA) submitted its proposed final regulations (“Regulations”) to the Office of Administrative Law for a final review. It is anticipated that Regulations will go...more
2/20/2023
/ California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Personal Information ,
Regulatory Requirements ,
State Privacy Laws
The California Privacy Rights Act (CPRA) that amended California’s Consumer Privacy Act (CPPA) comes fully into force on January 1, 2023 and the California Privacy Protection Agency is supposed to start enforcing the CPRA on...more
Following the passage of the California Privacy Rights Act (CPRA), for the past two years, employers have been partially exempt from many of the California Consumer Privacy Act's (CCPA) mandates pertaining to applicants,...more
10/11/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Continuing Legal Education ,
Covered Employer ,
Data Mapping ,
Data Privacy ,
Data Security ,
Employee Privacy Rights ,
Employer Liability Issues ,
Enforcement Actions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Proposed Regulation ,
Right to Delete ,
Safe Harbors ,
Sensitive Personal Information ,
Webinars
Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more
7/25/2022
/ California ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Flexible Work Arrangements ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
All employers in Los Angeles should revisit employment practices to ensure compliance with local ordinances as many changes take effect on July 1, 2022.
Effective July 1, 2022, the City of Los Angeles’ minimum wage will...more
A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
4/19/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Uber ,
Wage and Hour
The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022,...more
1/5/2022
/ California ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
The Department of Justice (DOJ) finally fulfilled its long time promise to criminally prosecute “no-poach” agreements. A no-poach agreement is an agreement between two or more employers not to hire employees away from each...more
On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims....more
Colorado’s and Virginia’s emulation of California by recently enacting comprehensive privacy laws is an important reminder to California employers that the clock is ticking to comply with California’s new privacy regulations....more
California employers may take solace in a recent unpublished decision upholding denial of class certification. In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more
The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more