Wednesday, September 30, 2020

Legal and Compliance

Complying with the California Consumer Privacy Act

Complying with the California Consumer Privacy Act

The California Consumer Privacy Act of 2018 (CCPA) gives California residents more control over their personal information that businesses collect about them. The CCPA took effect on January 1, 2020, and final regulations for the statute were approved on August 14, 2020. Enforcement of the CCPA by the California Office …

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EU Court of Justice Invalidates the EU-US Privacy Shield

EU Court of Justice Invalidates the EU-US Privacy Shield

An important and unexpected ruling was handed down by the Court of Justice of the European Union (CJEU) on July 16, 2020, in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”) that invalidates the EU-U.S. Privacy Shield (“Privacy Shield”) arrangement. Since 2016, the Privacy Shield provided …

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US Department of Labor News

US Department of Labor

Rapidly changing events during COVID-19 are driving equally rapid updates from the Department of Labor (DOL). Here we’ll keep you informed of new DOL mandates and policy clarifications affecting your workforce and workplace. August 27, 2020 School Reopening Guidance  New FAQs answer questions workers and employers may have about qualifying for …

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The CFPB issues new policy guidance on credit reporting and dispute resolution

The CFPB issues new policy guidance on credit reporting and dispute resolution

On April 1, 2020, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued a non-binding general policy statement (“Policy Statement”) regarding the Fair Credit Reporting Act (FCRA) and Regulation V in light of the recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CFPB’s Policy Statement highlights …

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FAQs and notice requirements under the FFCRA

FAQs and notice requirements under the FFCRA

In support of its ongoing effort to facilitate understanding of and compliance with the Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA).the U.S. Department of Labor (DOL) has recently issued a set of questions and answers to provide compliance assistance to employers and employees …

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The hot trend in legal agreements: Weinstein clauses

The #MeToo movement has triggered a sea of change with regard to sexual harassment in the workplace, including a new trend in legal agreements.    Dubbed the “Weinstein clause,” the new addition to the standard roster of representations and warranties in a sales agreement focuses on a company’s knowledge or …

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Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Below are some of the common issues and considerations for using social media information in employment decisions. Illegal discrimination According to a 2018 national survey conducted on behalf of CareerBuilder by Harris Poll, 70% of employers use social media to screen candidates before hiring. While they may not be searching …

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Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California Check Cashing Stores, LLC instructed employers about the importance of complying with background check disclosure requirements found in the Fair Credit Reporting Act (FCRA). Pursuant to the federal statute, employers who want to obtain …

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