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Data Privacy Employee Privacy Rights Personally Identifiable Information

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Resources’ Role in Data Privacy and Cybersecurity, Part V: Ethical Obligations When Responding to a Breach of Employee Data

In today’s digital landscape, many organizations will likely face the unfortunate reality of a breach of employee data. The human resources department is the critical link between safeguarding a company’s reputation and...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

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As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

Fisher Phillips

California Employers Beware: Your 5-Step Plan as Attorney General Announces CCPA Investigative Sweep

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California employers, beware: the state’s top prosecutor just announced his office is conducting an investigative sweep of whether and how large California employers have complied with data privacy and consumer protection...more

Littler

BIPA’s Devastating Effects on Illinois Businesses

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As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

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In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

FordHarrison on

Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Fisher Phillips

A Look Back at the Year in Data Security – and Predictions for 2022

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As 2021 comes to a close, this article recounts some of the biggest trends in data privacy and cybersecurity from the past year and looks ahead at what we anticipate will come to workplaces in 2022. Employers across the...more

Greenberg Glusker LLP

[Webinar] Data Privacy Forecast + Concerns for CA Businesses & Employers - January 25th, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

It is less than one year until California’s landmark privacy law—CPRA—comes into effect. In the meantime, 2020 saw significant changes to California’s existing laws, including the expansion of laws dealing with biometric...more

Littler

As Colorado and Virginia Follow California’s Lead in Enacting Data Privacy Laws, Employers Must Start Planning to Address an...

Littler on

With the enactment of the Colorado Privacy Act on July 7, 2021, Colorado now joins Virginia in transforming the first major state privacy law, the California Consumer Privacy Act (CCPA), from an outlier into what now appears...more

CDF Labor Law LLP

New CCPA Regulations Issued by California Attorney General

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On March 15, 2021, new regulations published under the California Consumer Privacy Act (CCPA) further define how businesses may communicate privacy options on the internet....more

Fox Rothschild LLP

Arizona Personal Data Privacy Bill Moves Ahead

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An Arizona bill relating to personal data (HB 2865) was reintroduced on February 11, 2021 in the Arizona House of Representatives and passed its second reading on February 15, 2021...more

Fisher Phillips

Conducting Remote Workplace Investigations: Challenges And Top 10 Practical Solutions

Fisher Phillips on

As many workplaces have shifted to remote work arrangements, human resources personnel, in-house lawyers, and other workplace investigators are conducting more remote workplace investigations. Remote investigations may...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Collecting COVID-19-Related Employee Data? If so, You May Need to Update Your CCPA Employee Notice

The California Consumer Privacy Act (CCPA) requires businesses covered by the CCPA to notify their employees of the categories of personal information the business collects about employees and the purposes for which the...more

Fisher Phillips

Businesses Need To Revamp And Revise CCPA Notices As 2020 Comes To A Close

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The COVID-19 pandemic has changed all manner of business procedures over the course of this past year, but one area you may not immediately recognize that needs to be immediately addressed relates to mandatory privacy...more

Sheppard Mullin Richter & Hampton LLP

Riding the Privacy Wave: California Privacy Rights Act & Its Impact on Employers

California voters resoundingly approved Prop 24, also known as the California Privacy Rights Act (“CPRA”) and CCPA 2.0—yet again shaking up California’s privacy laws and making California the epicenter for digital privacy...more

Fisher Phillips

The Legal Minefield Surrounding Biometrics In The Workplace

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The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more

Akin Gump Strauss Hauer & Feld LLP

CA AB 1281 Passes CA Legislature

On August 30 the California Consumer Privacy Act (CCPA) Sunset Extension Bill, AB-1281, passed 63-0. The bill, which was introduced in early 2019, has passed through committee and chambers in the state of California,...more

Greenberg Glusker LLP

CCPA: The Other Problem With A Capital “C”

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With the all-encompassing distraction of keeping up with the evolving COVID-related guidances, ordinances, and regulations, many employers have forgotten the other looming problem with a capital “C” – California Consumer...more

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