CPRA And Information Security

Private-sector employers with "no-fault" attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”

Today, the U.S. Supreme Court issued its opinion by a 5-4 vote with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett dissenting regarding the Department of Health and Human Services Interim Final Rule...

The US Department of Labor has issued new guidance establishing a streamlined framework for enforcing mental health parity requirements under MHPAEA, focusing enforcement on three priority areas while maintaining nonenforcement of controversial 2024 rule provisions. This guidance aims to reduce compliance burdens on plan sponsors while ensuring participants maintain access to mental health and substance use disorder benefits comparable to medical and surgical coverage.

As artificial intelligence tools become embedded in hiring, performance reviews, and termination decisions, employers face a rapidly evolving legal landscape with significant compliance obligations that vary by jurisdiction. This analysis examines the hidden risks of algorithmic bias, the expanding web of state and local AI regulations, and the critical distinction between using AI as a decision-support tool versus allowing it to replace human judgment in employment matters.

Under the federal Family Medical Leave Act, employees have the right to unpaid leave for family or personal medical reasons. New Jersey has adopted a similar state law requiring unpaid leave for qualifying employees.

The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements.

A health insurance company announced today that it has been the victim of a sophisticated cyber-attack and data breach of information of current and former covered persons.

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st

The Second Circuit Court of Appeals has rejected the NLRB's Tesla standard for evaluating workplace dress code policies, finding it fails to properly balance worker and employer interests. The court vacated the Board's decision against Starbucks and suggested a new three-factor test rooted in the traditional "special circumstances" framework.