Due to recent developments, it appears that a California Consumer Privacy Act (which I wrote about on ERE) amendment exempting employee and job applicant data will not be as robust as once envisioned. More specifically, it appears that the proposed amendment — AB 25 — has been revised to provide that the CCPA willapply to the personal information of employees and other personnel. However, there are new nuances that employers should be aware of and prepare for now.
The California Consumer Privacy Act is a new privacy regulation that will go into effect on January 1, 2020, and it is the first law in the United States that will closely align with the General Data Protection Regulation. The California Consumer Privacy Act seeks to protect all California residents with respect to any personal information that relates to them. As such, the new legislation is causing a great deal of confusion among employers. Specifically, it could impose considerable compliance burdens on every employer that employs California residents — not just businesses that are located in California. This compliance risk, however, is not guaranteed.
We’ve all seen the stories about Amazon shutting down an AI-powered recruitment system because it discriminated against women.The story made a lot of news because of Amazon, but evidence that products with decision-making capabilities show bias against one or more minority groups has been gathering for some time. Less well known is a recent lawsuit filed by the ACLU against Facebook that alleges the company allowed several employers to target job ads at male users only. The scope of the problem remains unclear. But it’s widespread enough that governments everywhere are stepping in to try and correct it.
With holidays already upon us and many coming up over the next several week, organizations with foreign national workers are likely dealing with travel requests from their sponsored employees who are planning international vacations. Especially now, in this time of immigration uncertainty there are a few items to keep top of mind to minimize travel delays and ensure your employees will be able to return to the US without complication.
Minnesota might not stand out as a trendsetter (plaid shirts aside), but three cities have recently jumped on the national trend of paid sick leave laws. Last May, Duluth joined its counterparts Minneapolis and St. Paul in passing an ordinance requiring employers to provide paid sick leave. As a new legislature takes the helm in January, state lawmakers will likely consider making these requirements apply to all Minnesota employers.
The interplay between arbitration agreements and employment-based class actions has been the subject of extensive and often conflicting legal opinions for the last half-decade. While many hoped the issue would gain clarity and stability following last June’s Supreme Court ruling in Epic Systems v. Lewis (where the Court said class actions waivers in arbitration agreements are enforceable), cases pitting employment class claims against arbitration agreements limiting them continue posing new questions.
As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation must address a host of new or amended federal, state, and/or local obligations. This article summarizes the laws and regulations taking effect in 2019 that will impact most employers, and highlights some anticipated activity in the coming months.