News & Analysis as of

Employer Liability Issues Data Retention

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Don’t Slack on Slack data retention

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Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending...more

Fox Rothschild LLP

Caveat Employer? In the EU and California, Employers Must Beware!

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Employers should have in place a process to delete former employees’ information – including public facing information and photos – to meet their retention limitation requirements, according to the Belgian Data Protection...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Jackson Lewis P.C.

Employers Get Ready – CCPA Employee and B2B Exemptions End, Expanded Privacy Compliance Begins in 2023

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For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (“CCPA”) included an important partial exemption for employees, applicants, and independent contractors...more

Ervin Cohen & Jessup LLP

Insurance Coverage For Claims Involving The Misuse Of Biometric Information

​​​​​​​As the use of biometric information for verification purposes becomes widespread, employers and others should be aware of statutes which regulate the collection, storage and dissemination of this data. In this regard,...more

Littler

“One Size Fits All” Data Retention Policies: A Unicorn for International Employers?

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Employers often want to have a data retention policy that works for all of their international operations. We look at the challenges with this approach and how to make it work in practice....more

BakerHostetler

Businesses Must Contemplate Employees' Use of Messaging Apps on Personal Devices

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An investment management company was recently hit with $200 million in fines for failing to track employees’ use of personal messaging apps, which resulted in the loss of communications that were subject to regulatory...more

Littler

California Privacy Rights Act for Employers: The New “Notice at Collection” California Employers Must Distribute to the Workforce

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This is the third in a series of articles about the implications of the California Privacy Rights Act for employers. - On January 1, 2023, the California Privacy Rights Act (CPRA) will go into effect and California...more

Fisher Phillips

One Year Later: How the Evolving Work-from-Home Climate Prompts Reminders for Technology Best Practices

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Perhaps no COVID-19 phenomenon will have a more lasting impact than the virtual office. Many employers recently marked the first anniversary of the decision to ask their employees to work from home in an effort to combat the...more

Farella Braun + Martel LLP

Is your company covered by California’s new privacy law?

On Jan. 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, will take effect. Originally published in the North Bay...more

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

The Artificial Intelligence Video Interview Act: Privacy Implications of Illinois’s AI Statute

It’s time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois...more

Epstein Becker & Green

Companies Using Video Interviews Beware: New Obligations for Positions Based in Illinois

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Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more

Epstein Becker & Green

AB 9 Extends Employees’ Statute of Limitations to File Discrimination Charges in California to Three Years—Employers, This Affects...

Epstein Becker & Green on

On October 10, 2019, California Governor Gavin Newsom signed AB 9 into law, which, effective January 1, 2020, will extend the time an employee has to file a charge of discrimination with the Department of Fair Employment and...more

Farella Braun + Martel LLP

What Employers Should Know About the California Consumer Privacy Act Taking Effect January 1, 2020

On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...more

Proskauer - Labor Relations Update

Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are many other interests other than the NLRA at play in a workplace, and seems to...more

Holland & Knight LLP

New Employer Guidance for Illinois Biometric Information Litigation

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• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...more

Schwabe, Williamson & Wyatt PC

A Human Resources Manager’s Guide to the GDPR (Part 4)

This article is Part 4 of our series on the GDPR for U.S.-based companies. Part 1 assisted U.S.-based companies in determining whether the GDPR applies to them; Part 2 provided an overview of the GDPR’s key concepts and...more

Hogan Lovells

Employment Alert: April 2018

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On-call duty performed by an employee in the place of residence combined with the obligation to be present quickly at the workplace upon an employer's request should be treated as "working time" – European Court of Justice...more

Fisher Phillips

Collection of Biometric Data Raises Privacy Concerns for Employees and Compliance Issues for Employers

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Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of...more

Zelle  LLP

Employee Health Information: Separate and Secure

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There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Moore & Van Allen PLLC

Applications like WhatsApp are reshaping government investigations and should be refocusing how compliance departments handle...

White Collar, Regulatory Defense, and Investigations Client Update - In today’s high tech world, the ways to communicate are almost limitless. This presents risks for organizations and challenges for compliance...more

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