On September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & Cybersecurity
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The Next Major Public Health Crisis Posted on: October 15, 2020 In: Data Privacy & Cybersecurity, COVID-19 ResponseIn 2014, a business associate of a healthcare entity was notified by law enforcement that it had suffered a cyberattack to the company's information system. The hackers were able to access and exfiltrate the health information of more than 6 million people from numerous entities served by the business associate. In addition to a fine issued by OCR, a related covered entity was sued and a multimillion-dollar settlement was reached. OCR placed the covered entity under a very detailed corrective action plan.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & EmploymentLast month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & EmploymentOn Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success Posted on: October 08, 2020 In: Labor & EmploymentMany companies are strategizing on how to diversify their talent pool, not only with new recruits but all the way to the top. These companies not only seek to minimize potential discrimination claims – they strive to bridge the gender gap, shatter the glass ceiling, and create a multi-ethnic, multi-generational, and all-inclusive employee pool designed to contribute to the future success of the business. While these aspirations are admirable, they are only a first step.
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Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & EmploymentOne of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
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Legislative Alert: California Passes Genetic Information Privacy Act Posted on: September 24, 2020 In: Data Privacy & CybersecurityOn August 31, 2020, the California Senate passed SB 980, establishing the Genetic Information Privacy Act, which would require direct-to-consumer genetic testing companies to comply with certain privacy and data security provisions. Whether the Act is ultimately signed into law and made a part of the California privacy landscape remains to be seen. Yet it is the latest effort by The Golden State to impose additional data privacy restrictions and extend rights to consumers concerning personal information.
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California Legislature Extends CCPA Exemptions for Employees’ Personal Information & “Business-to-Business” Exchanges to 2022 Posted on: September 24, 2020 In: Data Privacy & CybersecurityBut for limited exemptions added to the California Consumer Privacy Act (CCPA) last year, personal information exchanged in the employment context, and personal information collected through “business-to-business” exchanges, would be subject to all requirements of the CCPA. Those exemptions were set to expire next year. However, the California legislature has recently voted, through Assembly Bill 1281, to extend the exemptions until January 1, 2022.
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Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & EmploymentAt the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
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Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & EmploymentIn 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
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3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & EmploymentOne of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
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CMS Guidance For Compliance With Interoperability and Patient Access Final Rule Posted on: August 27, 2020 In: Data Privacy & CybersecurityIn a guidance document published on August 14, 2020, the Centers for Medicare & Medicaid Services (CMS) provided enforcement deadlines and implementation guidance regarding the long awaited CMS Interoperability and Patient Access final rule. The final rule was published on May 1 of this year and includes several new requirements applicable to Medicaid and the Children’s Health Insurance Program (CHIP).
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Featured Posts
- October 12, 2020 Voting-Leave Laws: What Employers in New York Should Know Before Election Day
- October 08, 2020 Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success
- September 24, 2020 Legislative Alert: California Passes Genetic Information Privacy Act
- July 15, 2020 A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award
- July 14, 2020 Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud
- July 09, 2020 U.S. Supreme Court Gives Grace to Religious Employers
- June 18, 2020 Business Email Compromise Attacks on the Rise in 2020
- June 15, 2020 U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees
- June 03, 2020 California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement
- May 29, 2020 Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
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