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Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale Posted on: February 22, 2021 In: Labor & Employment
As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.
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Tags:
employment law, human resources, ada, reasonable accommodation, 1st circuit
Fourth Circuit Clarifies Employers Not Required to Abandon “Disability Neutral” Competitive Hiring Systems to Reassign Disabled Employee Posted on: February 17, 2021 In: Labor & Employment
The Americans with Disabilities Act’s (ADA) reasonable accommodation duty often creates frustrating uncertainty for employers and employees. Reassignment, a term used in the ADA’s statutory language as an example of a potential reasonable accommodation, is fraught with uncertainty when evaluated by employers and employees as a potential accommodation. The Fourth Circuit recently addressed the reassignment dilemma in Ellege v. Lowe’s Home Centers, LLC.
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Tags:
ada, 4th circuit, reasonable accommodation, reassignment, employment law, human resources
Canada Introduces Legislation to Revamp Federal Privacy Landscape Posted on: February 16, 2021 In: Data Privacy & Cybersecurity
The Canadian House of Commons introduced draft legislation that, if enacted, would align federal Canadian privacy law with the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The draft legislation, titled the Consumer Privacy Protection Act (CPPA), proposes significant advancements to the current legal regime governing personal data.
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Tags:
personal information, data privacy, canada, legislative alert, legislation, personal data
Top Five Cybersecurity Suggestions for 2021 Posted on: February 12, 2021 In: Data Privacy & Cybersecurity
As hard as it is to believe, we are already more than a month into 2021 – and our Data Privacy & Cybersecurity Team is well on its way to managing over 2,000 data security incidents this year. It serves as an important reminder that a few cybersecurity suggestions can have a big impact as we embrace the months to come. The following are our top five suggestions to enhance the security of your network, detect intruders more quickly, and reduce the scope and expense of data security events this year.
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Tags:
data privacy, cybersecurity, endpoint monitoring, multi-factor authentication, patch management, incident response
Don’t Forget the HIPAA Small Breach Notification Deadline of March 1, 2021. It’s Right Around the Corner! Posted on: February 10, 2021 In: Data Privacy & Cybersecurity
Despite all that made 2020 an unusual year, data security incidents did not slow down. For organizations that are covered by the Health Insurance Portability and Accountability Act (HIPAA), the deadline to report small incidents is fast approaching. Organizations that experienced a data security incident in 2020, which affected the protected health information (PHI) of less than 500 individuals, have until March 1, 2021 to submit their notification to the U.S. Dept. of Health & Human Services.
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Tags:
hippa, hssocr, breach notification, data breach, personal information, healthcare
CCPA 2.0 and the Changing Privacy Landscape, Part V: New & Expanded Consumer Rights Posted on: February 08, 2021 In: Data Privacy & Cybersecurity
The newly-passed California Privacy Rights Act (CPRA) includes additional and expanded consumer rights not currently existing under the California Consumer Privacy Act (CCPA). This fifth installment in our series about the changes to the CCPA brought by the CPRA focuses on consumers’ new rights of correction and access to certain personal information and revisions to certain existing consumer rights in the CCPA, including rights to know (and access), deletion, non-discrimination, and rights for minors.
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Tags:
california, cpra, ccpa, consumer rights, personal data, personal information, data privacy, gdpr, opt out
Trade Secrets Litigation Just Got More Complicated Posted on: February 03, 2021 In: Intellectual Property & Technology
In January, federal courts around the country issued new security procedures intended to protect highly sensitive documents (HSDs), following a cybersecurity breach at an electronic filing system vendor. Now, HSDs must be filed in person or via mail and, once received by the court, will be stored in a secure stand-alone computer system. While the concept it straightforward, its implementation is far from simple, as the court orders vary widely and leave a lot of open questions.
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Tags:
trade secrets, highly sensitive documents, federal courts, electronic filing, intellectual property
CCPA 2.0 and the Changing Privacy Landscape, Part IV: Data Minimization & Retention Posted on: January 26, 2021 In: Data Privacy & Cybersecurity
The fourth installment in our ongoing series about changes to the California Consumer Privacy Act (CCPA) focuses on the new data minimization and data retention requirements for subject businesses created by the passage of the California Privacy Rights Act (CPRA) on November 3, 2020. These provisions also obligate subject entities to implement business-wide internal policy changes to accommodate the possible need to change their data collection and retention policies before the CPRA is fully operative.
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Tags:
california, cpra, ccpa, gdpr, data privacy, personal data, legislative alert
What to Expect When Your Employee Is Expecting: A Refresher on California’s Pregnancy-Related Leave Laws Posted on: January 26, 2021 In: Labor & Employment
Given that California is known as one of the most employee-friendly states, it follows that California’s pregnancy and parental leave laws are among the most generous in the nation. These laws greatly benefit new and expecting parents; however, their varying components can lead to substantial confusion for employers. While every situation is different and requires a case-by-case analysis, this post's guidance will help navigate the nuances of pregnancy-related leave laws applicable in California.
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Tags:
california, parental leave, fmla, cfra, npla, feha
Office of Foreign Assets Control Guidance on Ransomware Payments Posted on: January 21, 2021 In: Data Privacy & Cybersecurity
The United States Department of Treasury’s Office of Foreign Assets Control (OFAC) is broadly tasked with administering and enforcing economic trade sanctions based on United States foreign policy and national security goals. On October 1, 2020, OFAC issued an “Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments” to companies providing services to victims of ransomware attacks.
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Tags:
cybersecurity, department of treasury, office of foreign assets control, ransomware, iepa, twea
California Family Rights Act’s Expanded Applicability & Coverage: What Employers Need to Know Posted on: January 19, 2021 In: Labor & Employment
On January 1, 2021, California Senate Bill 1383 (SB 1383), signed into law by Governor Gavin Newsom on September 17, 2020, became effective, significantly expanding the California Family Rights Act’s (CFRA) applicability and coverage. The CFRA provides qualified employees with 12 weeks of unpaid leave and job protection for qualified leave events, such as time to bond with a new child, caring for qualified family members who are experiencing a serious health condition.
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Tags:
california, cfra, family leave, medical leave, fmla, human resources
CCPA 2.0 and the Changing Privacy Landscape, Part III: Notice Obligations & Right to Opt Out Posted on: January 15, 2021 In: Data Privacy & Cybersecurity
This third installment in our ongoing series about changes to the California Consumer Privacy Act (CCPA) focuses on the new consumer opt-out rights and business disclosure obligations created by the California Privacy Rights Act (CPRA), which was approved by voters last November. Part I of this series looked at the CPRA’s definition and treatment of “sensitive personal information.” Part II discussed covered “businesses” and exemptions.
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Tags:
california, cpra, ccpa, consumer rights, opt out, personal data

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