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China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

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

Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

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

The Global Guide Quarterly - Quarter 4, 2023

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

Strategy to Address China’s Recent Proposed HR Exception to Facilitate Cross-Border Data Transfers

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

Department of Commerce Extends the Data Privacy Framework with UK-U.S. “Data Bridge”: Key Takeaways for Multinational Employers

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

With a Key Deadline Fast Approaching, Now Is the Time to Address the New and Complex Requirements for Data Transfers Outside of...

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

Department of Commerce Launches the EU-U.S. Data Privacy Framework: Considerations for Multinational Employers that Transfer EU...

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

Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June...

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

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more

New York’s New Notice of Electronic Monitoring Goes into Effect on May 7, 2022

New York State’s recently enacted law requiring notice of electronic monitoring goes into effect on May 7, 2022. To comply with the law, private employers with a place of business in New York must (1) provide notice to new...more

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law....more

Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more

Frequently Asked Questions on Workplace Privacy and COVID-19

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

Colorado Limits Inquiries About Applicants’ Criminal History

Colorado has joined the ban-the-box legislative trend.  Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants...more

Biometric Privacy Case Before Illinois Supreme Court Could Open Litigation Floodgates

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

New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements

Fair Credit Reporting Act (FCRA) class action lawsuits against employers are reaching epidemic proportions as class-wide settlements encourage more lawyers to move into this niche practice area....more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

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

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

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

Dear Littler: What Does Our Company Need To Do Before We Begin Using Biometric Timeclocks?

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

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

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

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

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