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Legislative Alert: California Passes Genetic Information Privacy Act Posted on: September 24, 2020 In: Data Privacy & Cybersecurity
On August 31, 2020, the California Senate passed SB 980, establishing the Genetic Information Privacy Act, which would require direct-to-consumer genetic testing companies to comply with certain privacy and data security provisions. Whether the Act is ultimately signed into law and made a part of the California privacy landscape remains to be seen. Yet it is the latest effort by The Golden State to impose additional data privacy restrictions and extend rights to consumers concerning personal information.
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Tags:
california, genetic information privacy act, genetic testing, genetic data, data privacy
California Legislature Extends CCPA Exemptions for Employees’ Personal Information & “Business-to-Business” Exchanges to 2022 Posted on: September 24, 2020 In: Data Privacy & Cybersecurity
But for limited exemptions added to the California Consumer Privacy Act (CCPA) last year, personal information exchanged in the employment context, and personal information collected through “business-to-business” exchanges, would be subject to all requirements of the CCPA. Those exemptions were set to expire next year. However, the California legislature has recently voted, through Assembly Bill 1281, to extend the exemptions until January 1, 2022.
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Tags:
california, ccpa, personal information, business-to-business, data privacy
Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & Employment
At the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
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Tags:
dol, flsa, employee reimbursement, employee vehicle use
Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & Employment
In 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
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Tags:
sexual harassment, sexual discrimination, illinois, workplace transparency act, employee training
3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & Employment
One of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
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Tags:
trade secrets, information security, employee theft, work from home
CMS Guidance For Compliance With Interoperability and Patient Access Final Rule Posted on: August 27, 2020 In: Data Privacy & Cybersecurity
In a guidance document published on August 14, 2020, the Centers for Medicare & Medicaid Services (CMS) provided enforcement deadlines and implementation guidance regarding the long awaited CMS Interoperability and Patient Access final rule. The final rule was published on May 1 of this year and includes several new requirements applicable to Medicaid and the Children’s Health Insurance Program (CHIP).
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Tags:
cms, medicare, medicaid, chip, patient information
When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: Labor & Employment
Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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Tags:
osha, workplace inspections, covid-19, workplace safety, regulations
The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: Labor & Employment
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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Tags:
zoom, virtual meetings, litigation, electronic communication, covid-19
Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: Data Privacy & Cybersecurity
Much scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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Tags:
hipaa, personal data, protected health information, subpoenas, covid-19
Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Tags:
whistleblower, discrimination, title vii, termination, employment law
ECJ Invalidates the EU-U.S. Privacy Shield as Adequate Transfer Mechanism Posted on: July 16, 2020 In: Data Privacy & Cybersecurity
In a ruling issued on July 16, 2020, the European Court of Justice (ECJ) invalidated the EU-U.S. Privacy Shield – a primary mechanism available to companies exporting personal data from the European Economic Area (EEA) to the United States.
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Tags:
european union, gdpr, eu-us privacy shield, ecj, legislative alert, personal data, websites
A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award Posted on: July 15, 2020 In: Data Privacy & Cybersecurity
Lewis Brisbois' Data Privacy & Cybersecurity Team recently received Advisen’s 2020 “Cyber Law Firm of the Year” award for the second year in a row. We are proud of this accomplishment and grateful for Advisen’s recognition, as well as the dedication of our attorneys and industry partners. Receiving this honor provides us with more than simply a reason to celebrate. It also gives us a chance to reflect upon the work that we performed last year and to determine how best to serve our clients in the future.
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Tags:
data privacy, cybersecurity, cyber threat, data breach

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