As record-high temperatures enveloped most of the U.S. earlier this month, the federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention....more
Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week....more
5/14/2024
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Enforcement Authority ,
Exclusions ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Personal Data ,
Preemption ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws
The Federal Trade Commission (FTC) on Tuesday, in a 3-2 vote, approved a final rule banning non-competes in almost all employment contexts. This sweeping rule, while not unexpected, has caused quite a stir among employers and...more
The Occupational Safety and Health Administration (“OSHA”) recently unveiled a new National Emphasis Program (“NEP”) for outdoor and indoor heat-related hazards. To best protect workers in hot working environments,...more
8/16/2022
/ Employer Liability Issues ,
Enforcement Priorities ,
General Duty Clause ,
Heat Exposure ,
Inspections ,
OSHA ,
Safety Inspections ,
Safety Precautions ,
Safety Programs ,
Safety Standards ,
State OSHA Laws ,
Workplace Hazards ,
Workplace Safety
In a decision that should put the nation’s private and independent school community on notice, U.S. District Judge Richard D. Bennett for the District of Maryland recently ruled that a school’s 501(c)(3) tax-exempt...more
8/15/2022
/ 501(c)(3) ,
Department of Education ,
Private Schools ,
Proposed Regulation ,
School Boards ,
School Districts ,
Sex Discrimination ,
Tax Exempt Entities ,
Title IX ,
Title IX Coordinator ,
Webinars
When can a data breach get worse? When the process of notifying victims creates a second breach. Take the example of a cancer treatment center that recently paid $425,000 to settle allegations that included a faulty...more
1/25/2022
/ Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Covered Entities ,
Cyber Incident Reporting ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Incident Response Plans ,
Phishing Scams ,
Privacy Notice Rule ,
Risk Management
On September 9, 2021, President Biden announced a sweeping six-pronged plan aimed at addressing the nation’s most recent surge of coronavirus cases fueled by the formidable delta variant. As part of that plan, Biden declared...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Vaccinations ,
Workplace Safety
On June 21, 2021, the Occupational Safety and Health Administration (“OSHA”) published its first mandatory COVID-19 workplace safety rule, which as discussed below, also includes a surprising paid leave component for...more
6/24/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Recordkeeping Requirements ,
Reporting Requirements ,
Safety Precautions ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more
While response and preparedness efforts are in full swing throughout the country and globally, many employers are tackling how to handle a variety of employment issues in the face of the coronavirus pandemic. Most of our...more
Data security and privacy concerns have become one of the top issues keeping business leaders up at night. According to the Ponemon Institute’s 2018 study regarding the cost of data breaches, data breaches are increasingly...more
7/22/2019
/ Best Practices ,
Bring Your Own Device (BYOD) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Document Retention Policies ,
Employee Training ,
Employer Liability Issues ,
Incident Response Plans ,
Personal Data ,
Risk Management ,
Risk Mitigation ,
WISP
There is a growing trend to regulate biometric data and severely punish companies that do not adequately protect this data. Every company that collects or uses biometric data should be careful to ensure compliance with...more
6/5/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
EU ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Regulatory Agenda ,
Regulatory Standards ,
Risk Management ,
Strict Liability
The EU General Data Protection Regulation (GDPR) took effect on May 25, 2018. Potential fines for violating the GDPR include up to four percent of an organization's annual profits or €20 million (approximately $23 million),...more
The EU General Data Protection Regulation (GDPR) took effect on May 25, 2018. Potential fines for violating the GDPR include up to four percent of an organization's annual profits or €20 million (approximately $23 million),...more
California enacted the California Consumer Privacy Act on June 28, 2018. This law broadly expands the rights of California residents in their personal information collected through online means. The law imposes requirements...more
7/5/2018
/ Cybersecurity ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New Regulations ,
Personal Data ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Statutory Damages
The EU General Data Protection Regulation (GDPR) took effect on May 25, 2018. Potential fines for violating the GDPR include up to 4 percent of an organization's annual profits or €20 million ($23 million), whichever is...more
The EU General Data Protection Regulation (GDPR) took effect on May 25, 2018. Potential fines for violating the GDPR include up to 4 percent of an organization's annual profits or €20 million ($23 million), whichever is...more
Employers are abuzz about the upcoming start of the Maryland Healthy Working Families Act, which goes into effect this Sunday, February 11, 2018. Contrary to some local news reports, efforts to delay this bill have not yet...more
As employers prepare to send employees their W-2s for last year by the end of the month, cybercriminals are preparing phishing emails under the guise of company executives requesting personal information on employees. The IRS...more
In the wake of the latest massive data breach, this one involving Equifax, more and more companies are likely wondering what they should do in the event that they are faced with a data breach that exposes the personal data of...more
The IRS has expanded upon its prior position and announced that employers are permitted to provide identity protection services to their employees before a data breach occurs and without treating such services as income. IRS...more
Recently, another massive data breach was caused, reportedly at least in part, by employee error. Georgia Secretary of State Brian Kemp disclosed that an employee committed “a clerical error” and compromised the personal...more