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Home | BakerHostetler

BakerHostetler Records Significant Win for Summit Tool Company (Ken-Tool)

Gregory Dillard Speaks on Labor and Employment Law at Houston Bar Association Presentation

What Employers Should Know About New York’s Wage Payment Integrity Act

ADventures in Law

FTC’s Genesis Tech Complaint Signals More Than Another ROSCA Case

The utilization of AI in the workplace for electronic searches, monitoring and screening is creating new benefits and risk in the workplace. New technology presents opportunity and risk for regulating employee conduct outside the workplace and social media monitoring.

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<p>The utilization of AI in the workplace for electronic searches, monitoring and screening is creating new benefits and risk in the workplace. New technology presents opportunity and risk for regulating employee conduct outside the workplace and social media monitoring.</p>

Legal challenges to diversity, equity and inclusion (DEI) initiatives highlight the question of what private demographic information a company may request from a worker and when. Further, the evolving landscape is clarifying what legal significance group membership may have on the work relationship.

<p>Legal challenges to diversity, equity and inclusion (DEI) initiatives highlight the question of what private demographic information a company may request from a worker and when. Further, the evolving landscape is clarifying what legal significance group membership may have on the work relationship.</p>

Moreover, companies that previously had no need to collect sensitive health information from employees have grappled with issues relating to the collection of temperature data, vaccine information, and COVID-19 and other test data, as well as the appropriate retention of this information, as a result of the global pandemic.&nbsp;

<p>Moreover, companies that previously had no need to collect sensitive health information from employees have grappled with issues relating to the collection of temperature data, vaccine information, and COVID-19 and other test data, as well as the appropriate retention of this information, as a result of the global pandemic.&nbsp;</p>

In January 2023, through the enactment of the amended California Consumer Privacy Act (CCPA), California became the first U.S. state to enact a comprehensive data privacy law covering employee data, bringing this data into the scope of one of the most rigid data protection regulations in the world. Employers face many challenges in managing associated compliance requirements for their California workforce, including the unstructured nature of employee data and the complicated intersection of data protection and employment laws. Less than a year after the amended CCPA took effect, the California Attorney General’s Office announced an investigation sweep into California employers’ compliance with these requirements, signaling that regulators are focused on employee data practices in addition to consumer data practices.

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In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p>In January 2023, through the enactment of the amended California Consumer Privacy Act (CCPA), California became the first U.S. state to enact a comprehensive data privacy law covering employee data, bringing this data into the scope of one of the most rigid data protection regulations in the world. Employers face many challenges in managing associated compliance requirements for their California workforce, including the unstructured nature of employee data and the complicated intersection of data protection and employment laws. Less than a year after the amended CCPA took effect, the California Attorney General’s Office announced an investigation sweep into California employers’ compliance with these requirements, signaling that regulators are focused on employee data practices in addition to consumer data practices.</p>

Ransomware and other cybercrimes can expose data and disrupt business operations, and even unwitting employee error can result in a data breach. Many companies have undergone an abrupt shift to hybrid workplaces and work-from-home arrangements, presenting various additional risks that sensitive information will be exposed or threatened.

<p>Ransomware and other cybercrimes can expose data and disrupt business operations, and even unwitting employee error can result in a data breach. Many companies have undergone an abrupt shift to hybrid workplaces and work-from-home arrangements, presenting various additional risks that sensitive information will be exposed or threatened.</p>

Our team combines the strengths of two powerhouse practice groups – Labor and Employment and Digital Assets and Data Management (DADM) – to deliver best-in-class counsel on myriad federal, state and local laws relating to data privacy protection in order to help our clients avoid litigation, government enforcement actions and negative publicity. We are well equipped to lead and defend your company in this high-stakes arena and help you best prepare for and navigate government investigations or enforcement actions should these arise.

<p>Our team combines the strengths of two powerhouse practice groups – Labor and Employment and Digital Assets and Data Management (DADM) – to deliver best-in-class counsel on myriad federal, state and local laws relating to data privacy protection in order to help our clients avoid litigation, government enforcement actions and negative publicity. We are well equipped to lead and defend your company in this high-stakes arena and help you best prepare for and navigate government investigations or enforcement actions should these arise.</p>

We excel at helping employers discover where they are vulnerable, and we help strengthen their defenses and employ best practices across the enormous range of employee privacy-related areas, including bring-your-own-device (BYOD) practices, social media, background checks, contact tracing, biometric authentication, AI programs, payroll and third-party vendors.

<p>We excel at helping employers discover where they are vulnerable, and we help strengthen their defenses and employ best practices across the enormous range of employee privacy-related areas, including bring-your-own-device (BYOD) practices, social media, background checks, contact tracing, biometric authentication, AI programs, payroll and third-party vendors.</p>

Our labor and employment and privacy attorneys are deeply experienced and nationally recognized as leaders in their fields, and support businesses of all sizes with smart, timely and effective counsel. Our multidisciplinary team of labor and employment and DADM attorneys provides strategic counseling on compliance with data privacy laws, conducts data privacy audits, provides proactive training and risk assessments, responds to security and compliance incidents, negotiates and responds to consumer or regulator inquiries on behalf of employers, and handles all the complexities of privacy-related matters, including litigation and class actions.

<p>Our labor and employment and privacy attorneys are deeply experienced and nationally recognized as leaders in their fields, and support businesses of all sizes with smart, timely and effective counsel. Our multidisciplinary team of labor and employment and DADM attorneys provides strategic counseling on compliance with data privacy laws, conducts data privacy audits, provides proactive training and risk assessments, responds to security and compliance incidents, negotiates and responds to consumer or regulator inquiries on behalf of employers, and handles all the complexities of privacy-related matters, including litigation and class actions. </p>

<strong>We are experienced in advising and counseling our clients on:</strong>

<p><strong>We are experienced in advising and counseling our clients on:</strong></p>

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<ul class="wp-block-list">
<li>Federal, state and international laws and regulations, including the CCPA, the General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), the Health Insurance Portability and Accountability Act, the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act, the Wiretap Act, the Stored Communications Act, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act, and others.</li>



<li>Management of workplace data and records, including the implementation and management of companywide compliance and information governance programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation and enforcement of social media policies and BYOD policies.</li>



<li>Drafting global applicant and employee privacy notices and strategic counseling regarding employee privacy notice requirements under the CCPA.</li>



<li>Assessing the compliant use of certain AI and other technologies to facilitate hiring and employment decisions.</li>



<li>Drafting policies on monitoring, remote work, social media productivity management software, email, text messaging and Internet usage as well as the use of evolving technologies for tracking employees and other workers, especially in a remote work environment.</li>



<li>Employee privacy rights under the CCPA and the GDPR, including strategic counseling relating to applicable exceptions to deletion and correction of as well as access to employee data, and drafting internal procedures and templates regarding responses to these rights.</li>



<li>Health care and medical privacy-related issues and biometrics.</li>



<li>Timekeeping compliance and tracking and monitoring of company-provided devices.</li>



<li>Privacy-related issues, including background investigations, associated with hiring employees and contractors.</li>



<li>Compliance with the National Labor Relations Act workplace rights and collective bargaining issues associated with workplace privacy and monitoring.</li>



<li>Meeting government contract regulations and managing vendor relationships, including the drafting of data security agreements.</li>



<li>Responding to data protection authorities and privacy regulators in response to privacy complaints received from employees or former employees.</li>



<li>Responding to, investigating and mitigating data breach incidents as well as defending if litigation ensues.</li>



<li>Conducting workplace privacy audits and making recommendations in coordination with privacy decision-makers, including human resources personnel, privacy officers, information technology staff and boards.</li>



<li>Conducting audits concerning workplace use of DEI or other demographic data and the legal risks associated with the possession or use of such data.</li>
</ul>


Federal, state and international laws and regulations, including the CCPA, the General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), the Health Insurance Portability and Accountability Act, the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act, the Wiretap Act, the Stored Communications Act, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act, and others.

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List Item

<li>Federal, state and international laws and regulations, including the CCPA, the General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), the Health Insurance Portability and Accountability Act, the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act, the Wiretap Act, the Stored Communications Act, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act, and others.</li>

Management of workplace data and records, including the implementation and management of companywide compliance and information governance programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation and enforcement of social media policies and BYOD policies.

<li>Management of workplace data and records, including the implementation and management of companywide compliance and information governance programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation and enforcement of social media policies and BYOD policies.</li>

Drafting global applicant and employee privacy notices and strategic counseling regarding employee privacy notice requirements under the CCPA.

<li>Drafting global applicant and employee privacy notices and strategic counseling regarding employee privacy notice requirements under the CCPA.</li>

Assessing the compliant use of certain AI and other technologies to facilitate hiring and employment decisions.

<li>Assessing the compliant use of certain AI and other technologies to facilitate hiring and employment decisions.</li>

Drafting policies on monitoring, remote work, social media productivity management software, email, text messaging and Internet usage as well as the use of evolving technologies for tracking employees and other workers, especially in a remote work environment.

<li>Drafting policies on monitoring, remote work, social media productivity management software, email, text messaging and Internet usage as well as the use of evolving technologies for tracking employees and other workers, especially in a remote work environment.</li>

Employee privacy rights under the CCPA and the GDPR, including strategic counseling relating to applicable exceptions to deletion and correction of as well as access to employee data, and drafting internal procedures and templates regarding responses to these rights.

<li>Employee privacy rights under the CCPA and the GDPR, including strategic counseling relating to applicable exceptions to deletion and correction of as well as access to employee data, and drafting internal procedures and templates regarding responses to these rights.</li>

Health care and medical privacy-related issues and biometrics.

<li>Health care and medical privacy-related issues and biometrics.</li>

Timekeeping compliance and tracking and monitoring of company-provided devices.

<li>Timekeeping compliance and tracking and monitoring of company-provided devices.</li>

Privacy-related issues, including background investigations, associated with hiring employees and contractors.

<li>Privacy-related issues, including background investigations, associated with hiring employees and contractors.</li>

Compliance with the National Labor Relations Act workplace rights and collective bargaining issues associated with workplace privacy and monitoring.

<li>Compliance with the National Labor Relations Act workplace rights and collective bargaining issues associated with workplace privacy and monitoring.</li>

Meeting government contract regulations and managing vendor relationships, including the drafting of data security agreements.

<li>Meeting government contract regulations and managing vendor relationships, including the drafting of data security agreements.</li>

Responding to data protection authorities and privacy regulators in response to privacy complaints received from employees or former employees.

<li>Responding to data protection authorities and privacy regulators in response to privacy complaints received from employees or former employees.</li>

Responding to, investigating and mitigating data breach incidents as well as defending if litigation ensues.

<li>Responding to, investigating and mitigating data breach incidents as well as defending if litigation ensues.</li>

Conducting workplace privacy audits and making recommendations in coordination with privacy decision-makers, including human resources personnel, privacy officers, information technology staff and boards.

<li>Conducting workplace privacy audits and making recommendations in coordination with privacy decision-makers, including human resources personnel, privacy officers, information technology staff and boards.</li>

Conducting audits concerning workplace use of DEI or other demographic data and the legal risks associated with the possession or use of such data.

<li>Conducting audits concerning workplace use of DEI or other demographic data and the legal risks associated with the possession or use of such data.</li>

<ul class="wp-block-list"><li>Federal, state and international laws and regulations, including the CCPA, the General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), the Health Insurance Portability and Accountability Act, the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act, the Wiretap Act, the Stored Communications Act, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act, and others.</li><li>Management of workplace data and records, including the implementation and management of companywide compliance and information governance programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation and enforcement of social media policies and BYOD policies.</li><li>Drafting global applicant and employee privacy notices and strategic counseling regarding employee privacy notice requirements under the CCPA.</li><li>Assessing the compliant use of certain AI and other technologies to facilitate hiring and employment decisions.</li><li>Drafting policies on monitoring, remote work, social media productivity management software, email, text messaging and Internet usage as well as the use of evolving technologies for tracking employees and other workers, especially in a remote work environment.</li><li>Employee privacy rights under the CCPA and the GDPR, including strategic counseling relating to applicable exceptions to deletion and correction of as well as access to employee data, and drafting internal procedures and templates regarding responses to these rights.</li><li>Health care and medical privacy-related issues and biometrics.</li><li>Timekeeping compliance and tracking and monitoring of company-provided devices.</li><li>Privacy-related issues, including background investigations, associated with hiring employees and contractors.</li><li>Compliance with the National Labor Relations Act workplace rights and collective bargaining issues associated with workplace privacy and monitoring.</li><li>Meeting government contract regulations and managing vendor relationships, including the drafting of data security agreements.</li><li>Responding to data protection authorities and privacy regulators in response to privacy complaints received from employees or former employees.</li><li>Responding to, investigating and mitigating data breach incidents as well as defending if litigation ensues.</li><li>Conducting workplace privacy audits and making recommendations in coordination with privacy decision-makers, including human resources personnel, privacy officers, information technology staff and boards.</li><li>Conducting audits concerning workplace use of DEI or other demographic data and the legal risks associated with the possession or use of such data.</li></ul>

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<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><p>In January 2023, through the enactment of the amended California Consumer Privacy Act (CCPA), California became the first U.S. state to enact a comprehensive data privacy law covering employee data, bringing this data into the scope of one of the most rigid data protection regulations in the world. Employers face many challenges in managing associated compliance requirements for their California workforce, including the unstructured nature of employee data and the complicated intersection of data protection and employment laws. Less than a year after the amended CCPA took effect, the California Attorney General’s Office announced an investigation sweep into California employers’ compliance with these requirements, signaling that regulators are focused on employee data practices in addition to consumer data practices.</p><p>Ransomware and other cybercrimes can expose data and disrupt business operations, and even unwitting employee error can result in a data breach. Many companies have undergone an abrupt shift to hybrid workplaces and work-from-home arrangements, presenting various additional risks that sensitive information will be exposed or threatened.</p><p>Our team combines the strengths of two powerhouse practice groups – Labor and Employment and Digital Assets and Data Management (DADM) – to deliver best-in-class counsel on myriad federal, state and local laws relating to data privacy protection in order to help our clients avoid litigation, government enforcement actions and negative publicity. We are well equipped to lead and defend your company in this high-stakes arena and help you best prepare for and navigate government investigations or enforcement actions should these arise.</p><p>We excel at helping employers discover where they are vulnerable, and we help strengthen their defenses and employ best practices across the enormous range of employee privacy-related areas, including bring-your-own-device (BYOD) practices, social media, background checks, contact tracing, biometric authentication, AI programs, payroll and third-party vendors.</p><p>Our labor and employment and privacy attorneys are deeply experienced and nationally recognized as leaders in their fields, and support businesses of all sizes with smart, timely and effective counsel. Our multidisciplinary team of labor and employment and DADM attorneys provides strategic counseling on compliance with data privacy laws, conducts data privacy audits, provides proactive training and risk assessments, responds to security and compliance incidents, negotiates and responds to consumer or regulator inquiries on behalf of employers, and handles all the complexities of privacy-related matters, including litigation and class actions. </p><p><strong>We are experienced in advising and counseling our clients on:</strong></p><ul class="wp-block-list"><li>Federal, state and international laws and regulations, including the CCPA, the General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA), the Health Insurance Portability and Accountability Act, the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act, the Wiretap Act, the Stored Communications Act, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act, and others.</li><li>Management of workplace data and records, including the implementation and management of companywide compliance and information governance programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation and enforcement of social media policies and BYOD policies.</li><li>Drafting global applicant and employee privacy notices and strategic counseling regarding employee privacy notice requirements under the CCPA.</li><li>Assessing the compliant use of certain AI and other technologies to facilitate hiring and employment decisions.</li><li>Drafting policies on monitoring, remote work, social media productivity management software, email, text messaging and Internet usage as well as the use of evolving technologies for tracking employees and other workers, especially in a remote work environment.</li><li>Employee privacy rights under the CCPA and the GDPR, including strategic counseling relating to applicable exceptions to deletion and correction of as well as access to employee data, and drafting internal procedures and templates regarding responses to these rights.</li><li>Health care and medical privacy-related issues and biometrics.</li><li>Timekeeping compliance and tracking and monitoring of company-provided devices.</li><li>Privacy-related issues, including background investigations, associated with hiring employees and contractors.</li><li>Compliance with the National Labor Relations Act workplace rights and collective bargaining issues associated with workplace privacy and monitoring.</li><li>Meeting government contract regulations and managing vendor relationships, including the drafting of data security agreements.</li><li>Responding to data protection authorities and privacy regulators in response to privacy complaints received from employees or former employees.</li><li>Responding to, investigating and mitigating data breach incidents as well as defending if litigation ensues.</li><li>Conducting workplace privacy audits and making recommendations in coordination with privacy decision-makers, including human resources personnel, privacy officers, information technology staff and boards.</li><li>Conducting audits concerning workplace use of DEI or other demographic data and the legal risks associated with the possession or use of such data.</li></ul><p></p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">View More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">View Less</button></section>

R. Bisi Adeyemo

M. Scott McIntyre

Theodore J. Kobus III

Joel Griswold

Amy J. Traub

Melinda L. McLellan

Bonnie Keane DelGobbo

Carolina A. Alonso

Janine Anthony Bowen

Aleksandra Vold

Kimberly C. Gordy

Katherine Ondeck Kent

Sean P. Ryan

Jennifer D. Ghassemi

Justin T. Yedor

Jennifer L. Mitchell

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Services

Labor and Employment

Digital Assets and Data Management

Enterprise Issues

Strategic Privacy Risk Management

<ul>
<li>Successfully defending purported class action employee privacy claims resulting from alleged data breaches.</li>
<li>Obtaining dismissal of FCRA claims resulting from alleged data breaches.</li>
<li>Successfully litigating online defamation claims for businesses and obtaining an injunction prohibiting a former employee’s cyberattacks.</li>
<li>Winning a published appellate opinion breaking new ground on privacy and confidentiality.</li>
<li>Successfully litigating Illinois BIPA claims and other biometric privacy claims nationally, including face scan and fingerprint scan timekeeping claims.</li>
<li>Advising companies concerning managing workplace data in the work-from-home and hybrid work environments, including internationally.</li>
<li>Advised on compliant design of employers’ COVID-19 health and safety programs, including the appropriate collection and retention of temperature, test and symptom data.</li>
<li>Counseling about, advising on compliance with, and litigating matters involving interception and surveillance issues, including the CFAA, the Electronic Communications Privacy Act, the Stored Communications Act and the Wiretap Act.</li>
<li>Litigating defamation, invasion of privacy, intrusion upon seclusion, public disclosure of private facts, false light and misappropriation claims.</li>
<li>Successfully litigating claims involving conduct outside work, including social media activity monitored by employers.</li>
<li>Defending employers accused of improperly requesting or acting on workplace demographic data, including DEI data.</li>
<li>Assisting clients with data retention and governance policies and practices.</li>
</ul>


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