California voters resoundingly approved Prop 24, also known as the California Privacy Rights Act (“CPRA”) and CCPA 2.0—yet again shaking up California’s privacy laws and making California the epicenter for digital privacy rights in the United States. This article answers questions about how the CPRA changes existing laws and impacts “sensitive personal information” maintained by businesses about their applicants, employees, and independent contractors.
Continue Reading Riding the Privacy Wave: California Privacy Rights Act & Its Impact on Employers

2020 has been a transformative year of everlasting uncertainty and constant change: employee privacy is no exception. California laws impacting employee data are changing yet again. This article highlights what employers need to know about (1) recent amendments to the California Consumer Privacy Act, and (2) what happens if the California Privacy Rights Act is approved by voters on November 3, 2020.
Continue Reading The Only Constant Is Change: How Evolving Privacy Laws Impact Employers

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”). EEOC COVID-19 Technical Assistance A.7. Though the ADA mainly protects disabled individuals from workplace and public discrimination, some parts of the Act apply universally. One such section prohibits employers from compelling workers to submit to medical examinations that are not “job-related and consistent with business necessity.” 29 CFR § 1630.14(c).
Continue Reading Not Today Corona: EEOC Bans Employer Antibody Screenings