Effective January 1, 2026, the California Consumer Privacy Act (CCPA) requires certain employers to complete detailed, documented risk assessments before engaging in many routine data processing practices. Because the...more
Whether employers like it or not, artificial intelligence (AI) note-taking technologies have entered the workplace. In a 2025 survey of 1,000 professionals, one in five respondents stated they frequently used AI to draft...more
2/26/2026
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Biometric Information ,
Biometric Information Privacy Act ,
Confidential Information ,
Consent ,
Data Privacy ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Legal Technology ,
Risk Management ,
Wiretap Act
Maine Governor Janet Mills recently allowed LD 61 – An Act to Regulate Employer Surveillance to Protect Workers – to become law without her signature. This law, which takes effect this summer, applies to all Maine employers,...more
1/22/2026
/ Bring Your Own Device (BYOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Monitoring ,
Employee Privacy Rights ,
Employer Responsibilities ,
New Legislation ,
Notice Requirements ,
Regulatory Requirements ,
State Labor Laws ,
State Privacy Laws ,
Workplace Privacy
Effective January 1, 2026, employers subject to the California Consumer Privacy Act (as amended by the California Privacy Rights Act) (CCPA) will be required to conduct a privacy risk assessment before engaging in many...more
After a lengthy rulemaking process, the California Privacy Protection Agency (the “Agency”) has finalized regulations under the California Consumer Privacy Act (CCPA) governing the use of automated decisionmaking...more
In May 2024, Colorado enacted the nation’s most comprehensive law regulating the use of artificial intelligence (AI): Colorado Senate Bill 24-205 (the “Colorado AI Act” or the “Act”). Across the globe, the Colorado AI Act is...more
On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides...more
On November 22, 2024, the California Privacy Protection Agency (CPPA) formally proposed new regulations implementing the California Consumer Privacy Act (CCPA). Although the CCPA itself and previous CCPA regulations largely...more
In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as...more
11/13/2024
/ Benefit Plan Sponsors ,
Compensation & Benefits ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Personal Data ,
Retirement Plan Providers ,
Risk Management
On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more
Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more
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
With the governor’s signing of New Jersey’s privacy law on January 16, 2024, New Jersey became the 14th U.S. state to pass a comprehensive data protection law. This accelerating legislative trend may have employment counsel...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
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
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
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
This is the fifth in a series of articles about the implications of the California Privacy Rights Act for employers.
The California Privacy Rights Act (CPRA), which goes into effect January 1, 2023, will impose specific...more
In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill...more
This is the second in a series of articles about the implications of the California Privacy Rights Act for employers. -
The California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023, grants six new...more
9/7/2021
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Selling ,
Data-Sharing ,
Human Resources Professionals ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Regulatory Standards