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Legislative Alert: New York Expands Data Breach Obligations for Credit Reporting Agencies Posted on: August 15, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo has signed into law Senate Bill S3582, which further expands obligations owed to consumers when a data security breach affects a credit reporting agency.
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legislative alert, new york, data breach, credit reporting, equifax, breach notification
Legislative Alert: New York Amends Its Data Breach Notification Law Posted on: August 12, 2019 In: Data Privacy & Cybersecurity
New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, Senate Bill 5575B/Assembly Bill 5635B. The SHIELD Act updates the state’s existing data breach notification law, N.Y. Gen. Bus. Law § 899-aa, and creates a new section, § 899-bb, requiring reasonable data security for “private information” and granting enforcement powers to the attorney general against non-compliant entities.
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legislative alert, new york, breach notification, consumer notification, data breach
In California, Now Even Hair Is Protected Posted on: August 09, 2019 In: Labor & Employment
Last month, California became the first state to protect employees from discrimination based on natural hair and hairstyles associated with race. California follows New York City’s passage of a similar ordinance earlier this year.
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california, discrimination, hairstyle, dress code, feha
Pre-Employment Credit Checks: When Can They Be Used? Posted on: July 31, 2019 In: Labor & Employment
Many reading this will have heard of “ban the box” laws, which prohibit employers from asking applicants about criminal histories, but what about laws regarding pre-employment credit checks and credit reports?
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Tags:
fcra, credit check, hiring, human resources, employment law
San Antonio’s Paid Sick Leave Delayed - Is Relief on the Way for Dallas Employers? Posted on: July 25, 2019 In: Labor & Employment
Although Texas employment laws generally remain employer-friendly, Texas employers have not been immune to the expansion of paid sick leave ordinances on the local level. The cities of Austin, San Antonio, and Dallas all recently enacted similar ordinances requiring employers to provide eligible employees with one hour of paid sick leave for every 30 hours worked up to certain caps based on employer size.
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paid sick leave, texas, dallas, employment law
Shutting Down the Factory: Why the Manufacturing Sector Must Pay More Attention to Cyber Attackers Posted on: July 23, 2019 In: Data Privacy & Cybersecurity
On any given day, the manufacturing business is fraught with challenges, from supply chain issues to personnel matters, pricing strategies, competition, and customer acquisition. The last thing a company needs or wants is to be a target in the crosshairs of overseas criminals who treat the company’s operating capital as a piggy bank to be cracked open.
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manufacturing, ransomware, cybersecurity, data privacy
Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & Employment
It is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace.
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Tags:
politics, human resources, discrimination, harassment, retaliation
AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & Employment
Artificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society.
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artificial intelligence, human resources, hiring, technology, discrimination
The Ten Commandments of Firing: Part 3, Commandments VII - X Posted on: July 12, 2019 In: Labor & Employment
This is the final installment in my three-part series on the Ten Commandments of Firing. Before reading this post, I suggest you read Part 1, covering Commandments I – III, and Part 2, covering IV – VI.
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firing, reduction in force, lay off, termination, human resources
The Ten Commandments of Firing: Part 2, Commandments IV - VI Posted on: July 10, 2019 In: Labor & Employment
In our last post, we rolled out the first three of my “Ten Commandments of Firing.” In this blog, we will cover Commandments IV through VI: don't have a hidden agenda, don't be a jerk, and don't nitpick.
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firing, reduction in force, lay off, termination, human resources
The Ten Commandments of Firing: Part 1, Commandments I - III Posted on: July 08, 2019 In: Labor & Employment
I love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations. While many courts in many states recognize that the implied covenant of good faith and fair dealing does not exist as a matter of law in the employment context, it sure as heck exists in the mind of jurors.
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firing, reduction in force, lay off, termination, human resources
What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test Posted on: July 02, 2019 In: Labor & Employment
On March 7, 2019, the U.S. Department of Labor announced a new rule that will make millions of workers eligible for overtime under the Fair Labor Standards Act (FLSA). This is not a final rule yet, although it is expected to go into effect in late 2019 or early 2020.
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flsa, exemption test, compensation, exempt employee

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