On January 25, 2019, the Illinois Supreme Court issued a highly anticipated decision, Rosenbach v. Six Flags Entertainment Corporate et al., extending the reach of the Illinois Biometric Information Privacy Act (BIPA). BIPA is an Illinois privacy law that regulates the collection, use, and retention of biometric data such as fingerprints, face, and eye scans by imposing procedural requirements on corporations that collect the data. Though not an employment case, the decision impacts employers using biometric time-keeping systems in Illinois.
2018 was, without a doubt, another extraordinary year for US employers. The #MeToo movement continues to have a tremendous impact on the workplace. In addition, the thorny issue of how to manage contractor classifications in the gig economy continued to evolve and new DOJ enforcement activity is heightening concerns about no-poaching agreements and other antitrust activity. In 2019, employers will confront a host of new laws in 2019 on topics ranging from sick leave, lactation accommodation, salary history inquiries and much more.
Our 2018/2019 Digest is a fantastic resource to help you navigate the changes ahead and chart your course for 2019.
Click here to download the full Digest.
Many viewed the highly anticipated coming into force of the European Union’s General Data Protection Regulation (GDPR) on May 25, 2018 as the “finish line” for the marathon efforts towards privacy compliance that took place in the months running up to this date. In reality, however, this date should be treated instead as a “starting line” from which to launch mandatory organizational protections for the personal data of individuals in the EU and elsewhere going forward.
Most companies with European operations have spent at least two years preparing for the GPDR. These often extensive ‐ and expensive ‐ efforts were typically led by companies’ legal, compliance, IT and security departments, and/or privacy offices, if any, and were supported by outside counsel and privacy consultants. The efforts often prioritized commercial or business data processed by the companies (through the websites, products, business contracts, etc.) instead of the data of employment candidates, employees, and other workers, such as temporary agency workers and independent contractors (collectively, “HR data”).
Click here to read the entire article (originally published by Bloomberg Law) which focuses on how companies should continue to focus on HR data compliance post-GDPR.
By now, you have no doubt heard about the passage of the California Consumer Privacy Act of 2018, going into effect January 1, 2020. This new privacy legislation will force many companies – whether headquartered in or out of California – into compliance with several onerous requirements. Some have called it California’s answer to the (notorious) GDPR. But what does this mean from an employment perspective?
It means that despite the title, the Act extends certain protections to California employees because it defines “consumer” as “any natural person who is a California resident.” Therefore, regardless of where your company is located, if it employs at least one individual who is living or domiciled in the state and also meets one of the thresholds below, it must comply at least with regard to all California residents, including employees.
The GDPR became law of the land across Europe one month ago. Data collection and flow analyses have been conducted; data processing agreements put in place; and of course, updated privacy policies have been distributed.
So, can employers forget about privacy for a while?
One month from today, on May 25, 2018, the European Union (EU) General Data Protection Regulation (GDPR) will go into effect. In light of this, we have been recommending companies review their data privacy policies and practices in the context of equity plan participation and update their share plan documents. In the final month, we want to highlight these items again and encourage you to make sure your company’s equity programs are ready for the GDPR.
The new data privacy rules are just around the corner…are you ready?
The EU General Data Protection Regulation (GDPR) comes into force May 25, 2018. GDPR introduces stricter requirements and higher penalties for violations, so it is important for companies to review their data privacy compliance not just with respect to customers but with respect to employees.
Join our upcoming webinar to review the new legal landscape under GDPR, discuss the different approaches for dealing with personal data after effectiveness of GDPR and consider the pros and cons of each approach.
Date: April 5, 2018
Time: 11AM – 12PM CST
We are pleased to present The Global Employer Magazine 2018 Horizon Scanner. Our easy-to-digest overview of global and regional trends and developments in global employer and labor law is designed to help equip you for the year ahead.
In this issue, we feature:
- A global overview of the key trends and developments impacting global employers including nationalism and mobility, the gender pay gap, the rise of the modern workforce
- Regional checklists for the year ahead and data privacy compliance
- Regional outlooks looking at how the trending global employment law issues are playing out across Asia Pacific, EMEA, Latin America and North America
Click here to download.
Multinational employers are facing a new era of globalization characterized by the polarized forces of cooperation and competition ─ a duality that makes for a messy business landscape. Our new report, Globalization 3.0: How to survive and thrive in a new era of trade, tax and political uncertainty, aims to provide corporate leaders with a greater understanding of key trends so they can anticipate, influence and better prepare for the changing world order.
This report focuses on how the aforementioned forces of cooperation and competition are shaping policies in four key areas:
- Data privacy
- Labor and human rights
Alongside helpful insights, the report also identifies actions for companies to consider now to prepare for the next era of globalization.
Click here to view and download the full report.
In our latest podcast, Baker McKenzie partner Carole Spink introduces Lois Rodriguez from Madrid to talk about employment laws in Spain and give an overview of what changed in 2017 as well as what we can expect for the year ahead.
- Continued debate on the treatment of permanent versus temporary workers, including the issue of severance entitlements
- Debate on requirement to track hours – different obligations for part-and full-time employees
- Increased attention to gender pay issues and more generally equal pay rights
- EU trade secret directive offers greater opportunities to protect trade secret + the importance of being proactive to benefit from this protection
- Implementation of GDPR which goes into effect in May 2018 – companies should make sure they comply with the new data privacy obligations