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On July 8, 2022, the California Privacy Protection Agency (CPPA) issued updated draft regulations implementing the California Privacy Rights Act (CPRA) as well as a notice of proposed rulemaking, which announced public hearings on August 24 and 25, 2022.
With time running out in this US Congress, and with midterms around the corner, a bipartisan group of legislators is making what may be a last-gasp attempt at a federal privacy law compromise. On June 3, 2022, House Energy and Commerce Committee Chair Rep. Frank Pallone (D-NJ), Ranking Member Rep. Cathy McMorris Rodgers (R-WA) and Senate Commerce, Science and Transportation Committee Ranking Member Sen. Roger Wicker (R-MS) released a draft of a new comprehensive federal privacy bill, the American Data Privacy and Protection Act (ADPPA).
On May 19, 2022, the Department of Justice announced it would not charge good-faith hackers who expose weaknesses in computer systems with violating the Computer Fraud and Abuse Act (CFAA or Act), 18 U.S.C. § 1030. Congress enacted the CFAA in 1986 to promote computer privacy and cybersecurity and amended the Act several times, most recently in 2008. However, the evolving cybersecurity landscape has left courts and commentators troubled by potential applications of the CFAA to circumstances unrelated to the CFAA’s original purpose, including prosecution of so-called “white hat” hackers. The new charging policy, which became effective immediately, seeks to advance the CFAA’s original purpose by clarifying when and how federal prosecutors are authorized to bring charges under the Act.
For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
The new law, codified as N.J.S.A. § 34:6B-22, went into effect on April 18, 2022. Under the law, an employer that: knowingly makes use of a tracking device in a vehicle used by an employee without providing written notice to the employee shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and not to exceed $2,500 for each subsequent violation.
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient.
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an employee’s medical records? Are these medical records treated differently than non-employee patients? Throughout the last few years, we have seen an increasing number of healthcare entities with these exact questions.
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down.
We discuss the growing trends in privacy litigation, particularly litigation targeting company practices regarding the sharing and sale of consumer personal data, plaintiffs’ liability theories, including the right of publicity, and best practices for companies to consider in order to reduce the risk of privacy claims.
Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual.
In September 2021, Quebec’s Parliament enacted Law 25 (formerly Bill 64) (the “Law”), which updated Quebec’s data protection laws and added requirements for enterprises that do business within the province.
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at issue earned more than $200,000 per year and unquestionably met the salary-level and duties requirements of that exemption.
The Biden administration has announced its intention to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information).
On January 30, 2023, the Biden administration announced its intention to make final extensions of both the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) through May 11, 2023, at which point both will end.
California’s youngest tax agency, the Office of Tax Appeals (OTA), may be in for some significant changes based on proposed amendments (Proposed Amendments) to Title 18, Chapter 4.1 of the California Code of Regulations, which were issued by the OTA February 2023.
The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements.
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