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Recommendations for Navigating Personnel File & Payroll Record Requests Posted on: March 15, 2021 In: Labor & Employment
Plaintiffs’ attorneys often request an employee’s personnel file and payroll records to assess the strengths and weaknesses of their client’s case prior to filing a formal complaint. Often, they review the records to find additional violations, such as wage and hour violations. The California Labor Code provides employees the opportunity to request both their personnel file and their pay records. Failure to provide the requested documents timely can expose the employer to a penalty.
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california, records requests, human resources, personnel files, payroll, labor law
ALERT: Microsoft Exchange Vulnerabilities Used to Deploy Ransomware Posted on: March 15, 2021 In: Data Privacy & Cybersecurity
On March 11, 2021, Microsoft acknowledged that the recently disclosed Microsoft Exchange vulnerabilities were being used to facilitate ransomware attacks. The four vulnerabilities – known as vulnerabilities CVE-2021-26855, CVE-2021-26857, CVE-2021-26858 and CVE-2021-27065 – have been exploited by attackers to compromise systems beyond the Exchange server.
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data privacy, cybersecurity, zero-day, ransomware, microsoft exchange servers
You’ve Experienced a Ransomware Attack - Now What? 5 Practical Steps to Take In Response to a Ransomware Attack Posted on: March 11, 2021 In: Data Privacy & Cybersecurity
By now, most of you know that due to the COVID-19 pandemic and the shift to remote work, data security incidents increased both in number and severity in 2020 and show no signs of slowing down in 2021. What you may not know, however, is what to do when your business experiences a ransomware attack. This post details five steps your organization should take immediately to reduce the impact of the attack.
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ransomware, cybercrime, cybersecurity, cyber threat, incident response
Breach Notification Requirements Proposed for Banks Posted on: March 09, 2021 In: Data Privacy & Cybersecurity
On January 12, 2021, the Office of Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Company, and the Office of Thrift Supervision published a proposed rule that would substantially enhance banking organizations’ notification obligations in response to data security incidents. It would require a banking organization to provide its primary federal regulator with prompt notification of any “computer-security incident” that rises to the level of a “notification incident.”
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breach notification, banks, financial institutions, data privacy, incident response
Paid Family Leave Is Coming to Colorado - It May Not Be Long Before It Comes to Your State Posted on: March 09, 2021 In: Labor & Employment
On November 3, 2020, Colorado passed the Paid Family and Medical Leave Insurance Act. The Act will bring about a series of changes that will roll out year to year. The first occurs on January 1, 2023, when each employer must remit a payroll tax to the fund to provide for the benefits. Benefits will become available to employees beginning January 1, 2024. The Act provides Colorado employees with some coverage not seen in the similar federal program known as the Family Medical Leave Act.
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colorado, paid leave, family leave, medical leave, fmla, payroll
Employers Should ‘Pay’ Attention to Recent Fifth Circuit Case About Equal Pay Act Requirements Posted on: March 05, 2021 In: Labor & Employment
A recent decision by the U.S. Court of Appeals for the Fifth Circuit serves as a reminder that an employer should be prepared to justify any pay differential between male and female employees. Most employers are aware that the Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Employees’ jobs that are being compared must require substantially equal skill, effort, and responsibility, and must be performed under similar working conditions.
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equal pay, equal pay act, fifth circuit, title vii, wage and hour, pay discrimination
ALERT: Zero-Day Vulnerabilities Being Exploited to Attack On-Premises Microsoft Exchange Servers Posted on: March 04, 2021 In: Data Privacy & Cybersecurity
On March 2, 2021, Microsoft released a new patch to address four zero-day exploits being used to attack on-premises Microsoft Exchange Servers. The United States Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) has urged vulnerable businesses to read Microsoft’s update and apply patches to their systems as necessary.
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data privacy, cybersecurity, microsoft, cisa, microsoft exchange servers
It’s Official: EEOC Adopts New Rule Updating Conciliation Procedures Posted on: March 03, 2021 In: Labor & Employment
In welcome news for employers, on January 11, 2021, the Equal Employment Opportunity Commission (EEOC) adopted its final rule updating its conciliation procedures for the first time in more than 40 years. The rule is designed to ensure transparency, consistency, and fairness in the conciliation process between employers and the EEOC. Best of all, the process is informal and confidential, and can help employers to improve the workplace and address specific grievances with less risk of litigation.
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eeoc, conciliation, discrimination, litigation, employmentlaw
Virginia’s Consumer Data Protection Act: Not Quite The CCPA Posted on: March 02, 2021 In: Data Privacy & Cybersecurity
Though it seems Virginia is following California’s lead by becoming the second state with its own comprehensive data privacy legislation, Virginia’s Consumer Data Protection Act (CDPA) diverges from the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) in that it is far more business-friendly and does not have the “teeth” that the CCPA does.
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virginia, legislative alert, data privacy, consumer data, cdpa, ccpa, cpra, gdpr
What Labor & Employment Changes to Expect Under The Biden Administration Posted on: March 01, 2021 In: Labor & Employment
Throughout his campaign and first weeks in the White House, President Biden has laid out plans to promote an ambitious labor and employment agenda during his administration. We expect President Biden’s agenda to continue to be crafted though his issuance and repeal of Executive Orders, and will further advanced through the his cabinet picks and agency appointees. This post includes a top-level summary of key labor and employment changes from the Biden Administration that we are following.
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Tags:
biden administration, wage and hour, discrimination, labor law, employment law, eeoc, osha, nlrb
Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale Posted on: February 22, 2021 In: Labor & Employment
As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.
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employment law, human resources, ada, reasonable accommodation, 1st circuit
Fourth Circuit Clarifies Employers Not Required to Abandon “Disability Neutral” Competitive Hiring Systems to Reassign Disabled Employee Posted on: February 17, 2021 In: Labor & Employment
The Americans with Disabilities Act’s (ADA) reasonable accommodation duty often creates frustrating uncertainty for employers and employees. Reassignment, a term used in the ADA’s statutory language as an example of a potential reasonable accommodation, is fraught with uncertainty when evaluated by employers and employees as a potential accommodation. The Fourth Circuit recently addressed the reassignment dilemma in Ellege v. Lowe’s Home Centers, LLC.
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ada, 4th circuit, reasonable accommodation, reassignment, employment law, human resources