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No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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Tags:
new york, labor law, retaliation, wage and hour, kickbacks
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
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Tags:
arbitration, sexual harassment, human resources, employment law, employment agreements
California Employers: New Law Expands Record Retention Requirements Posted on: April 13, 2022 In: Labor & Employment
The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed.
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Tags:
california, employment law, records retention, human resources, dfeh
Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation Posted on: April 12, 2022 In: Labor & Employment
The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation.
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Tags:
florida, whistleblower, retaliation, employment law, human resources
New York State Human Rights Law Amendments for the First Quarter of 2022 Posted on: March 28, 2022 In: Labor & Employment
New York continues to be in the vanguard with respect to amending its anti-discrimination laws to expand employee rights and remedies. This post addresses the most recent newly adopted amendments, but it appears more significant amendments are imminent. We will advise as the law continues to be amended.
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Tags:
new york, human rights law, anti-discrimination, anti-harassment, employment law
UPDATE: Strengthening American Cybersecurity Act of 2022 Signed Into Law Posted on: March 28, 2022 In: Data Privacy & Cybersecurity
On March 15, 2022, the Strengthening American Cybersecurity Act, which includes the Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law by President Biden, thereby creating new reporting requirements for critical infrastructure entities. Under the Act, entities considered to be critical infrastructure must notify the Cybersecurity and Infrastructure Security Agency within 72 hours of discovering a covered cyber incident and within 24 hours of a ransomware payment.
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Tags:
strengthening american cybersecurity act, incident response, cisa, reporting requirements, ransomware
Additional Data Protection Authorities Assess Legality Around Using Google Analytics Posted on: March 22, 2022 In: Data Privacy & Cybersecurity
In response to a 2020 European Court of Justice (ECJ) ruling that the EU-US Privacy Shield data transfer mechanism was not consistent with European data protection laws, the EU and U.S. began working to identify a new arrangement for transferring personal data from the EU to the U.S. However, to date, no substitute data transfer mechanism has been identified.
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Tags:
personal information, data privacy, data protection, european union
Standing Up the Strengthening American Cybersecurity Act of 2022 Posted on: March 16, 2022 In: Data Privacy & Cybersecurity
The U.S. Senate unanimously passed the Strengthening American Cybersecurity Act on March 1, 2022. If signed into law, it would create an affirmative obligation for critical infrastructure entities across 16 federally designated critical infrastructure sectors, including energy and financial services, to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency.
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Tags:
strengthening american cybersecurity act, incident response, reporting requirements, cisa, ransomware
A Primer on Employee Expense Reimbursements in California Posted on: March 08, 2022 In: Labor & Employment
In California, employers must reimburse their employees “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer." (Labor Code Section 2802.) Expense reimbursements can include use of personal cellphones, computers, vehicles, and more. The purpose of the law is to prevent employers from passing their operating expenses on to employees.
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Tags:
california, employee reimbursements, wage and hour, human resources, payroll
FinCEN Alert: Malware/Ransomware Updates & New Perimeter Device Vulnerability Posted on: March 08, 2022 In: Data Privacy & Cybersecurity
There have recently been a number of developments in cybersecurity due to the Russia/Ukraine conflict. The Financial Crimes Enforcement Network (FinCEN) released an alert on March 7 advising all financial institutions to be vigilant against efforts to evade sanctions imposed in connection with the Russian invasion of Ukraine. The primary focus of the alert appears to be eliciting cooperation of financial institutions in identifying hidden Russian and Belarusian assets.
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Tags:
russia ukraine conflict, ransomware, malware, fincen, cyberwarfare, cybersecurity
QR Codes – Consumer Convenience or Fraudulent Contrivance? Posted on: March 07, 2022 In: Data Privacy & Cybersecurity
During the halftime show of this year’s Super Bowl, a floating QR code took a star turn in a prominently placed advertisement from cryptocurrency exchange platform Coinbase. So many people reportedly followed the link from the QR code that the resulting traffic overwhelmed and crashed the Coinbase website landing page. The convenience of the code clearly worked, but while QR codes may be a welcome convenience, they may also be a potential tool for the commission of fraud.
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Tags:
qr codes, cryptocurrency, coinbase, cybersecurity, phishing
Russia-Ukraine Conflict: Ransomware Updates & Cybersecurity Consequences Posted on: February 28, 2022 In: Data Privacy & Cybersecurity
With cyberwarfare in the headlines due to the Russia-Ukraine conflict, it is another reminder that we must maintain a sense of urgency about our information security. We need to continuously harden our systems, which includes increasing the speed with which we implement software and operating system updates, deploying heuristic-based endpoint detection and response (EDR) tools, regularly conducting vulnerability scans, enhancing our logging and event management processes, and more.
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Tags:
russia ukraine conflict, ransomware, cyberwarfare, cybersecurity, data protection

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