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 (collectively, “workforce members”). The California Privacy Rights Act, which amended the CCPA, extended the exemption through December 31, 2022. While many expected the exemption would be extended,
Trade Associations Weigh In on Claim Accrual Under Illinois Biometric Information Privacy Act
Co-authors: Nadine C. Abrams and Richard Mrizek
In a ruling that may have significant impact on the constant influx of biometric privacy suits under the Biometric Information Privacy Act (BIPA) in Illinois, the Illinois Supreme Court will soon weigh in on whether claims under Sections 15(b) and (d) of the BIPA, 740 ILCS 14/1, et
California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a consumer’s personal information and provides consumers new and expansive rights with respect to their personal information.
Less than one
From Time Keeping to Dashcams, BIPA Litigation Continues
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week.
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago
NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices
In a groundbreaking move, likely to have significant impact on employee hiring and HR tech, the New York City Council has passed a measure (“the NYC measure”) that bans the use of automated decision-making tools to (1) screen job candidates for employment, or (2) evaluate current employees for promotion, unless the tool has been subject
Responding to the Kronos Cyber Attack – What Should Employers Be Thinking About?
The leaders of our Wage & Hour Practice, Justin Barnes Jeffrey Brecher and Eric Magnus collaborated with us on this article.
According to reports, Kronos, the cloud-based, HR management service provider, suffered a data incident involving ransomware affecting its information systems. Kronos communicated that it discovered the incident late on Saturday, December 11, 2021,
OSHA ETS: What Records Must Covered Employers Collect, Retain, Safeguard, and Make Available Upon Request
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 ETS is summarized here, including the general compliance deadline of 30 days from November 5, 2021, with an additional 30 days for testing to
Illinois Panel Issues Important Ruling on BIPA Statute of Limitations
On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although
The “New” EU Standard Contractual Clauses: FAQs for U.S. Organizations
Globalization, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity and including goals, and outsourcing back office business functions. However, the emergence of far reaching data privacy regulation, such as the EU General Data Protection Regulation
Supreme Court Weighs in on School Regulation of Students’ Social Media Speech
Last week, the U.S. Supreme Court held that a Pennsylvania school district went too far when it suspended a student from participation in the school’s cheerleading squad based on “vulgar” comments made about the coach on the student’s personal social media account. In an 8-1 decision, the high court emphasized that while schools have some