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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Antitrust Advocate

Antitrust Sanctions: The Duty to Preserve Chats

Michael Semes Comments on Pennsylvania Hospital Tax Exemption Suit

SEC Approves PCAOB’s Rule Expanding Contributory Liability

IP Intelligence Report

Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

<div class="wp-block-image"><figure class="alignright size-large is-resized"><img decoding="async" src="https://dataprivacymonitor.bakerhostetlerblogs.com/wp-content/uploads/sites/5/2022/08/DADM_GettyImages-1144557228_1200x630-662x348.jpg" alt="Telecommunication network above city, wireless mobile internet technology for smart grid or 5G LTE data connection, concept about IoT, global business, fintech, blockchain, cppa" class="wp-image-7145" width="428" /></figure></div>



<p>California Consumer Privacy Act (CCPA) exemptions for employee data will likely not be extended, and full consumer rights will apply to employees on Jan. 1, 2023. Aug. 25, 2022, was the last day that bills could be amended, and no legislative proposals made it to the floor.</p>



<p>The Aug. 25 deadline is set by legislative rules, and the legislature can waive its own rules, but the chances of that happening now are slim given the labor opposition.</p>



<p>Businesses should assess how consumer rights apply to employees and prepare to provide employees with CCPA rights, including the right to know, the right to delete, the right to opt out of the sale or sharing of personal information, the right to limit use and disclosure of sensitive personal information, and the right of no retaliation following opt-out or exercise of other rights.</p>



<p>California employers should carefully assess the differences between the rights afforded under the CCPA and those provided under the California Labor Code. Most California employers should already have in place many of the processes required under the CCPA, such as a process to allow employees to access their personnel data, but the CCPA, as amended by the California Privacy Rights Act, has many new and different obligations for employers that do not exist under the current Labor Code.</p>

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Data Counsel

Digital Assets and Data Management

CCPA Employee Exemption Set to Expire on Jan. 1

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