News & Analysis as of

Employee Privacy Rights State Labor Laws

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

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding...more

Dickinson Wright

Washington State Expands Employee Access to Personnel Files

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Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for...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

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Fisher Phillips

The 3 Biggest Concerns for California Employers About Sweeping Employee Surveillance Bill

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California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more

Tonkon Torp LLP

Is My AI Note Taker Violating the Law? Oregon Employers Should Think Twice When Inviting AI to Listen in on Meetings

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The rise of Artificial Intelligence (AI) has spread to seemingly all facets of work and life. One prominent application that has gained popularity both among students and in the workplace is using an “AI Note Taker” to record...more

Vedder Price

New Requirements for Employee Personnel Record Review Now in Effect in Illinois

Vedder Price on

The new year brought new requirements under the Illinois Personnel Record Review Act (“IPRRA”), 820 ILCS 40/1 et seq., that expand the types of personnel documents that employees can inspect and require employers to obtain a...more

Vorys, Sater, Seymour and Pease LLP

Illinois Expands Employee Access to Personnel Records

On January 1, 2025, the Illinois amendments to the state’s Personnel Records Review Act (PRRA) took effect. The amendments expand the type of documents employees have access to but increase the requirements requesting...more

Littler

Capitol Gains: California's Legislative Highlights for 2025

Littler on

California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more

Fisher Phillips

New Hampshire “Guns at Work” Law Takes Effect January 1: What Employers Need to Know + Your 5-Step Action Plan

Fisher Phillips on

Many New Hampshire employers will soon be required to allow employees to keep loaded guns in their cars parked at work, and all employers in the state will soon need to comply with new employee privacy protections regarding...more

Seyfarth Shaw LLP

E-Verify in Illinois: SB0508 Myths Dispelled, Rights Protected

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The passage of the vaguely named “Right to Privacy in the Workplace Act” led to widespread chatter that the law possibly prohibited employers from using E-Verify unless they were explicitly required to do so under federal...more

BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

BCLP on

The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Littler

Illinois Passes State Law Offering Protection to Employees from Unfair Enforcement of Employment Verification Practices

Littler on

On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system,...more

Fisher Phillips

Could More Employer Data Privacy Obligations Be in California’s Future? Recap of California Agency’s Recent Board Meeting

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State officials who oversee California’s data privacy law recently convened a public meeting to discuss various privacy-related matters – and may have signaled that an explanation of employer obligations under the law could...more

CDF Labor Law LLP

California Contemplates Right to Disconnect Law

CDF Labor Law LLP on

California Assembly member Matt Haney has introduced the first “right to disconnect” law in the United States, Assembly Bill 2751 (A.B. 2751). Under the proposed legislation, employers would be required to define employees'...more

Venable LLP

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

Venable LLP on

“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more

Epstein Becker & Green

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

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

New York Governor Hochul Signs Legislation Restricting Employer Access to Employees’ Personal Social Media Accounts

New York Governor Kathy Hochul recently signed legislation into law that will bar employers from accessing the personal social media accounts of employees and prospective employees....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

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

CDF Labor Law LLP

No Written Policy, No Email Monitoring Allowed in California

CDF Labor Law LLP on

In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more

BakerHostetler

[Ongoing Program] Unique Issues in Workplace Investigations: Not Your Typical ‘How To’ - April 11th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Federal Agencies Are Talking About You – and You Can’t Just Ignore It Anymore - April 4th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation - March 28th,...

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

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