The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more
7/21/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Processors ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses
On July 16, 2020, the European Court of Justice (CJEU)?the “supreme court” of the European Union (EU)?issued a surprise decision that for the second time in five years completely invalidates the special EU-to-U.S. personal...more
By April 30, 2020, the stay-at-home orders imposed in at least 15 U.S. states will have expired. Although the governors of some of these states are likely to extend the prohibition on employees of “non-essential” businesses...more
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
As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on...more
8/27/2019
/ Cybersecurity ,
Data Breach ,
Data Management ,
Data Protection ,
Data Security ,
Hackers ,
Human Resources Professionals ,
Information Technology ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Security Standards ,
SHIELD Act ,
State and Local Government ,
State Data Breach Notification Statutes
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
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
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
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
The announcement by Equifax, Inc. that it had been victimized in a hacking incident involving the personal information of 143 million Americans generated headlines this past week. The sheer size of the hack means that most...more
9/18/2017
/ Corporate Counsel ,
Data Breach ,
Equifax ,
EU ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation ,
State Data Breach Notification Statutes ,
Vendors
Effective May 30, 2017, Japan amended its omnibus data protection law, the Personal Information Protection Act (“PIPA”), to add new compliance requirements that will have an immediate impact on many U.S. multinational...more
7/6/2017
/ Amended Legislation ,
Cybersecurity ,
Data Collection ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
Japan ,
Multinationals ,
Personally Identifiable Information ,
PIPA ,
Popular ,
Small Business
Recent, highly publicized data security incidents highlight the continued vulnerability of corporate information systems. Notably, employees who fall prey to sophisticated phishing e-mails and other scams often contribute to...more
5/19/2017
/ Background Checks ,
Confidentiality Agreements ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Email ,
Employee Training ,
Hackers ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Risk Management
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
4/25/2017
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Hackers ,
New Legislation ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
State Data Breach Notification Statutes ,
W-2
HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more
3/8/2017
/ Class Action ,
Email ,
Hackers ,
Human Resources Professionals ,
Identity Theft ,
IRS ,
Payroll Records ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Social Security Numbers ,
Tax Fraud ,
Tax Returns ,
W-2
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
Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more
8/30/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Confidential Information ,
Corporate Counsel ,
Disparagement ,
Employee Handbooks ,
Facebook ,
False Statements ,
Fast-Food Industry ,
Logos ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Restaurant Industry ,
Section 7 ,
Social Media ,
Social Media Policy ,
Trademarks ,
Twitter
The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more
8/5/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automation Systems ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Disability ,
Doffing ,
Donning ,
Extraterritoriality Rules ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
On-Call Employees ,
OSHA ,
Popular ,
Privacy Concerns ,
Robotics ,
Section 7 ,
Severance Agreements ,
Technology ,
Unions ,
Wage and Hour ,
WARN Act ,
Wearable Technology
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
On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more
On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more
5/17/2016
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Popular ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more
On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more