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Employee Privacy Rights Corporate Counsel

Proskauer - Law and the Workplace

Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act

Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination.  However, federal law provides protections for employees based on their genetic information and that of...more

Ervin Cohen & Jessup LLP

A New Era for Workplace Surveillance?

California is adapting to the prevalence of technology in the modern workplace – especially artificial intelligence – as these digital tools become more embedded in business infrastructure. ...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Bennett Jones LLP

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

Bennett Jones LLP on

In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

BCLP

Colorado's New Requirements for Biometric Data: What Businesses Need to Know

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On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more

Fisher Phillips

AI and Employee Data Protection in the European Union: 8 Key Takeaways for Multinational Businesses

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Advancements in artificial intelligence and digitalization are changing the world of work at a rapid pace. In particular, when AI systems are used as workforce management tools, employers can automate a large number of tasks...more

Husch Blackwell LLP

New Colorado Privacy Act Rules Adopted

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Keypoint: The attorney general’s office modified the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...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

Littler

Australia Aims to Give Employees the Right to Disconnect

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Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to...more

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

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As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Coblentz Patch Duffy & Bass

Citizenship and Immigration Status Is Now Categorized as Sensitive Personal Information under California Law

On October 8, 2023, California Governor Gavin Newsom signed into law AB-947, which expanded the category of “sensitive personal information” to include citizenship or immigration status. The category of sensitive personal...more

Cole Schotz

New York Employers Take Note: Another Slew of Laws Have Been Passed

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In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more

Burr & Forman

Are you properly protecting your employees' personal information?

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If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that...more

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

New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more

A&O Shearman

EU CJEU confirms broad right of access to personal data under GDPR but protects employee privacy

A&O Shearman on

The Court of Justice of the European Union (CJEU) published its decision in the case of J.M. v Pankki S (Case C‑579/21) on 22 June 2023....more

Littler

Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June...

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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

Morgan Lewis

Beijing Courts Find WeChat Records Inadmissible if Recovered Without Employee Consent

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As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

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A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Fisher Phillips

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

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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

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Polsinelli

CPRA and Employee Data – What Businesses Need to Know

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The California Privacy Rights Act (“CPRA”) comes into force on January 1, 2023, and will amend and extend the privacy rights under the California Consumer Privacy Act (“CCPA”).  Assuming no further applicable extensions or...more

Sheppard Mullin Richter & Hampton LLP

CCPA May Soon Apply to Employee and B2B Information

Companies subject to California’s Consumer Privacy Act (CCPA) may soon need to figure out how to scale their privacy compliance programs to include employee and B2B information. The current exemptions that exist for most of...more

Akerman LLP - HR Defense

The Boss is Watching – But Many States Impose Requirements for Surveillance at Work

With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more

Littler

California Privacy Rights Act for Employers: Vendor Contracting Requirements

Littler on

This is the fourth in a series of articles about the implications of the California Privacy Rights Act for employers. The impending January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has created a...more

Littler

New Jersey Joins the Trend of Increasing Privacy Protections for an Employee’s Location

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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

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