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Cyber Extortion: Harvesting the Fruits of Business Email Compromises Posted on: February 25, 2022 In: Data Privacy & Cybersecurity
Business email compromises have long been the staple of online criminal activity. As they continue to enhance their ability to monetize unlawful access to email accounts, malicious actors are now accessing and downloading emails and attachments, as well as files stored in OneDrive and SharePoint platforms, and using the sensitive information to extort ransom payments from legitimate email account holders.
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Tags:
business email compromises, phishing, ransomware, cloud storage, cybersecurity
Canada Reforms Its Data Privacy Laws Through Enactment of Quebec Bill 64 Posted on: February 16, 2022 In: Data Privacy & Cybersecurity
In September 2021, Quebec Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, was unanimously adopted by lawmakers in the province. With a three-year phased implementation beginning on September 22, 2022, the new law aims to reform privacy laws in Canada by amending existing privacy laws and adding other requirements concerning public bodies and private enterprises handling personal information focusing on accountability in the use of personal information.
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Tags:
canada, breach notification, data privacy, cybersecurity, legislative alert
Prevailing Wages: Who Needs to Pay Them & What Happens When They Don’t Posted on: February 14, 2022 In: Labor & Employment
Contractors and subcontractors working on certain federally and state-funded construction projects should ensure they follow federal and state prevailing wage laws when submitting bids and paying their employees. Failure to follow these laws can result in steep penalties for the employers.
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Tags:
prevailing wages, wage and hour, payroll, compensation, contractors
Ban-The-Box Update on the Use of Criminal History in Hiring Decisions Posted on: February 08, 2022 In: Labor & Employment
In recent years, more than 30 states and 150 local governments have enacted “Ban-The-Box” legislation limiting how and when employers may inquire about an applicant’s criminal history. Despite the obvious pros of this Ban-The-Box legislation, it was not until the passage of the Fair Chance to Compete for Jobs Act, as part of the National Defense Authorization Act in December 2019, that there was any meaningful guidance from our federal legislators on the topic.
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Tags:
ban the box, employment application, criminal background checks, human resources, hiring, eeoc
Austrian DPA Says Google Analytics Use Violates GDPR Posted on: February 08, 2022 In: Data Privacy & Cybersecurity
In recent months, a total of 101 complaints have been filed against data exporters in Europe for allegedly transferring data to the United States in violation of the European Union’s General Data Protection Regulation (GDPR) by way of the use of Google Analytics. The first decision by the Austrian Data Protection Authority (DPA) on January 13, 2022 held that an Austrian company was in violation of GDPR for impermissibly transferring personal data to the US via Google Analytics.
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Tags:
google analytics, gdpr, austrian dpa, personal data, data privacy
Reinstatement is Back on the Menu Posted on: January 05, 2022 In: Labor & Employment
Nearly every single EEOC Charge of Discrimination filed by a former employee is resolved with the employment relationship permanently severed. In nearly all cases, after pursing litigation, both parties are happy to go their separate ways. However, the Tenth Circuit recently held that “reinstatement is the preferred remedy and should be ordered whenever it is appropriate.”
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Tags:
reinstatement, tenth circuit, wrongful termination, eeoc, workplace discrimination, human resources
Recent Amendment to New York State Technology Law Demonstrates Rapid Evolution of Privacy Laws Posted on: December 29, 2021 In: Data Privacy & Cybersecurity
On December 22, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill 7019, amending New York State Technology Law § 209 in an effort to remedy the miscommunications between various state agencies regarding notices of data breaches. The law now requires the Office of Information Technology Services to take certain steps when it discovers a data breach or network security breach. We discuss the background and details of the new law in this post.
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Tags:
legislative alert, new york, breach notification, personal information, office of information technology services
Which States Are Paying More Money in 2022: An Overview of Minimum Wage Increases Across the Country Posted on: December 15, 2021 In: Labor & Employment
As 2021 begins to wind down, employees in many states can look forward to a raise in the new year as minimum wage rate increases take effect across the country in January 2022. This post lists the new minimum wage rates for those states, including information about tipped workers and tip credits.
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Tags:
minimum wage, payroll, wage and hour, legislative alert, tipped employees, tip credit
Banking Organizations & Bank Service Providers Subject to New Computer-Security Incident Notification Rule Posted on: November 24, 2021 In: Data Privacy & Cybersecurity
On November, 18, 2021, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of the Comptroller of the Currency issued a joint final rule to establish computer-security incident notification requirements for banking organizations and their bank service providers. The final rule's new definition narrows the focus to those incidents most likely to materially and adversely affect BOs, while still retaining general consistency with the NIST definition.
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Tags:
banking, breach notification, incident response, fdic, nist
New Electronic Monitoring Disclosures for New York Employers Posted on: November 18, 2021 In: Labor & Employment
Many employers have already acted wisely by adopting policies to advise their employees that the employer reserves the right to engage in electronic monitoring of employee communications by phone and email, as well as employee internet access and usage. Effective May 7, 2022, New York employers will be obligated to adopt and enforce such policies if they do engage in such monitoring.
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Tags:
new york, legislative alert, electronic montoring, data privacy, employment law
New Jersey Adds Age Discrimination Protections for Workers Aged 70 and Older Posted on: November 17, 2021 In: Labor & Employment
On October 5, 2021, New Jersey Governor Phil Murphy signed into law legislation that provides new protections for persons aged 70 and older under the umbrella of the New Jersey Law Against Discrimination (LAD). The new law is designed to enable older workers to “retire by their own volition” and protect their financial independence. The law is effective immediately.
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Tags:
new jersey, lad, discrimination, age discrimination, human resources, legislative alert
What Employers Need to Know About New York’s Expanded Paid Family Leave Law Posted on: November 15, 2021 In: Labor & Employment
On November 1, 2021, New York Governor Kathy Hochul signed into law a bill to expand New York’s Paid Family Leave Law to cover paid time off to care for siblings. The bill, Legislation S.2928-A/A.06098-A, does not go into effect until January 1, 2023. Nevertheless, employers should begin preparing for compliance with the updated law as the new year will be upon us very soon.
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Tags:
new york, paid leave, family leave, benefits, human resources, legislative alert

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