California Employment News: Best Practices for Maintaining Employee Records
California Employment News: How to Draft Employee Disciplinary Records to Protect Your Business
California Employment News: How to Comply With and Use Employee Record Requests to Your Advantage
As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more
Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more
Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more
Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for...more
New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more
The United Kingdom’s Information Commissioner’s Office recently issued guidance on how to keep employment records. This is good advise for employers beyond Europe (and particularly in California). The data retention...more
The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G....more
Keypoint: The changes are mostly controller-friendly with modifications to the privacy notice, consent, and data protection assessment provisions likely to facilitate compliance; however, the draft rules retain many of the...more
In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss best practices for employers to maintain employee records and the importance of record retention. ...more
On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the importance of keeping detailed disciplinary records for all employees and explain what type of documents should be included. ...more
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss steps that employers can take to comply with employee records requests, while also mitigating the risk of potential workplace violation...more
It’s no secret that the COVID-19 pandemic has caused a boom in remote work. But remote employees are not staying where their employer is; they’re moving to where they want to live. And employers are realizing that if their...more
On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for exercising the...more
Earlier this fall, the Office for Civil Rights (OCR) issued guidance to help the public understand when a business or employer can request information on an individual’s COVID-19 vaccination status without violating the HIPAA...more
Last week, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) implementing President Joe Biden’s COVID-19 vaccine mandate covering employers with at least 100 employees. The...more
On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers,...more
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more
In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape...more
Executive Summary: The Federal Aviation Administration (“FAA”) has published a final rule to transition from the Pilot Records Improvement Act (“PRIA”) to the electronic Pilot Records Database. The rule is effective August 9,...more
Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
Electronic Labor Books Law Effective January 1, 2020 - New Legislation Enacted - On December 16, 2019, President Putin signed Federal Act No. 436-F3 mandating employers to maintain electronic “labor books” (along with...more
As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the Commonwealth of Virginia...more
Brazil continues to streamline employer submissions of required employment data by integrating more workplace reporting requirements into the eSocial system. Coming on the heels of the Economic Freedom Act (Law 13.874/2019),...more