Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more
1/10/2025
/ Best Practices ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Documentation ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Tracking ,
Geolocation ,
Informed Consent ,
Legitimate Business Purpose ,
Privacy Laws ,
Proportionality ,
Transparency
With the HIPAA Security Rule set to undergo a massive overhaul to boost cybersecurity protections, PEOs need to take note. After all, as stewards of worksite employee and client company data – and as sponsors of group health...more
1/8/2025
/ Comment Period ,
Covered Entities ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employer Group Health Plans ,
HIPAA Security Rule ,
Professional Employer Organization ,
Proposed Rules ,
Public Comment ,
Risk Assessment
It’s no longer good enough for your business to have a reactive approach to consumer privacy – you need a proactive strategy to manage compliance, foster consumer trust, and stay competitive in this modern era. While many...more
11/13/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data Subject Access Requests ,
Data-Sharing ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party Risk ,
Vendor Contacts ,
Vendors
A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more
8/14/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookies ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
PHI ,
Popular ,
Websites
To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more
Federal officials recently banned a software provider from selling, disclosing, or licensing any web browsing data for advertising purposes – and ordered to pay $16.5 million. The Federal Trade Commission (FTC) alleged that...more
7/3/2024
/ Consent ,
Consumer Information ,
Data Collection ,
Data Privacy ,
Data Security ,
Data Selling ,
Data Storage ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Targeted Digital Advertising ,
Website Owner Liability
2023 was the most devastating year yet for ransomware attacks, with businesses forking over $1 billion in ransom payments for the first time ever – and 2024 is expected to be even worse. Beyond the payments, the average cost...more
2/22/2024
/ Artificial Intelligence ,
Cloud Storage ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Training ,
Employer Liability Issues ,
Encryption ,
Incident Response Plans ,
Popular ,
Ransomware
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
Construction Industry ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
E-Verify ,
Educational Institutions ,
EEO-1 ,
Electronic Records ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Highly Compensated Employees ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Jury Verdicts ,
L-1 Visas ,
Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
Mergers ,
Mexico ,
Name and Likeness ,
New Legislation ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Over-Time ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Payroll Taxes ,
Privacy Laws ,
Professional Employer Organization ,
Proposed Rules ,
Recordkeeping Requirements ,
Recruitment Policies ,
Remote Working ,
Reporting Requirements ,
Restaurant Industry ,
Restrictive Covenants ,
Retirement Plan ,
Salaried Employees ,
Scheduling Letters ,
School Districts ,
School Policies ,
SCOTUS ,
SECURE Act ,
Severance Agreements ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
State of Emergency ,
Student Athletes ,
Student Loans ,
Students ,
Tip Credit ,
Title IX ,
Trade Secrets ,
Transgender ,
Union Organizers ,
Unions ,
Universities ,
USCIS ,
Wage and Hour ,
Workplace Safety ,
Workplace Violence
The first half of 2023 has been eventful for businesses subject to the California Consumer Privacy Act (CCPA), and the whirlwind of new developments may have left you confused about your current and pending obligations. In...more
8/14/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Security ,
Delays ,
Enforcement ,
Opt-Outs ,
Personal Data ,
Privacy Laws
Getting into compliance with the California Consumer Privacy Act (CCPA) can seem like an overwhelming task. After all, the law is comprised not only of a dense statute and detailed regulations, but the amendment effective...more
5/25/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Security ,
Data Subject Access Requests ,
Employee Training ,
Notice Requirements ,
Personal Information ,
Privacy Policy
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Auto dealerships that provide financing are subject to the Gramm Leach Bliley Act (GLBA). That’s the old news. What’s new is that GLBA-covered businesses have until December 9 to implement significant changes to their...more
8/9/2022
/ Car Dealerships ,
Consumer Privacy Rights ,
Customer Information ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Incident Response Plans ,
Information Security ,
New Rules ,
Privacy Laws ,
Risk Assessment ,
Safeguards Rule
After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more
6/14/2022
/ Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Transfers ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
State Privacy Laws
Californians just passed a ballot measure that will soon expand the nation’s most stringent data privacy law – and it will have an impact on employers across the country. By voting in favor of Proposition 24 – the California...more
11/5/2020
/ B2B Transactions ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Use Policies ,
Duty to Correct ,
New Legislation ,
Personally Identifiable Information ,
Privacy Laws ,
Sensitive Personal Information
Since my last blog post about SB 1121, the California Senate voted to send SB 1121 to the state Assembly. The on May 30 vote was very close, 22-13, only one above the 21-vote threshold for passing the bill and strictly along...more
SB 1121, which is making its way through the California Legislature, would allow businesses to be sued for data breaches even when no one was actually injured. This includes being sued for failing to implement and maintain...more
No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more
11/15/2017
/ Best Practices ,
Civil Liability ,
Data Breach ,
Data Privacy ,
Data Security ,
Duty of Care ,
Expert Witness ,
Failure to Mitigate ,
Federal Breach Notification Standard ,
Identity Protection Services ,
Identity Theft ,
Negligence ,
Penalties ,
Personally Identifiable Information ,
Private Right of Action ,
Security Audits ,
State Data Breach Notification Statutes ,
Statutory Violations ,
Trade Secrets