A number of bills to amend the California Consumer Privacy Act of 2018 are still pending before the California legislature. Of particular interest to many businesses is AB 25, which could narrow applicability of the CCPA by removing employees from its scope.
Continue Reading Revisions to the Closely Watched “Employee Exemption” Amendment to the CCPA

The Illinois legislature recently passed the Artificial Intelligence Video Interview Act, which prohibits an Illinois employer from using artificial intelligence to evaluate job interview videos unless the employer complies with certain requirements.
Continue Reading Illinois Seeks to Impose Restrictions on the Use of Artificial Intelligence in Job Interviews

The Article 29 Working Party issued an Opinion on data processing at work, which complements the Working Party’s previous guidance on the processing of personal data in the employment context and on the surveillance of electronic communications in the workplace. This blog entry provides highlights on the Opinion.
Continue Reading Article 29 Working Party Releases Opinion on Data Processing at Work

On September 27, 2016, the French Data Protection Authority announced the adoption of two new decisions that will now cover all biometric access control systems in the workplace. These two new decisions repeal and replace the previous biometric decisions adopted by the CNIL.
Continue Reading CNIL Publishes New Rules on Biometric Access Control in the Workplace

As reported in the Hunton Employment & Labor Perspectives Blog:

On November 2, 2015, a putative class action was filed against retailer Big Lots Stores, Inc. in Philadelphia, stemming from allegations that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA’s”) “standalone disclosure requirement” by making prospective employees sign a document used as a background check consent form that contained extraneous information. Among other things, the plaintiff alleges that Big Lots’ form violates the FCRA because it includes the following three categories of extraneous information: (1) an “implied liability waiver” (specifically, a statement that the applicant “fully understand[s] that all employment decisions are based on legitimate nondiscriminatory reasons”); (2) state-specific notices; and (3) information on how background information will be gathered and from which sources, statements pertaining to disputing any information, and the name and contact information of the consumer reporting agency.

Continue Reading Retailer Sued over Allegations that Background Check Consent Form Includes Extraneous Information