In most cases, email addresses and business contact information are considered “personal data.” Personal data is defined by the General Data Protection Regulation (GDPR) as “any information relating to an identified or identifiable natural…
Posts by Category: admin
Federal Court Rules That the EEOC Can Mess with Texas in Felon Hiring Lawsuit
A recent showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) has signaled to employers that the Commission’s position on the unlawful nature of categorical bans on the hiring of felons remains viable. In State of Texas v. EEOC,…
Wisconsin Commission Finds Employers Cannot Consider Expunged Convictions – Even if Substantially Related to the Job
The Wisconsin Fair Employment Act prohibits employers from taking adverse employment action against an applicant or employee because of the individual’s conviction record, unless the conviction is “substantially related” to the position. Wisconsin…
Washington Ban the Box Law Limits Criminal Background Inquiries
Washington will become the next state to implement “ban the box” legislation in June. Governor Jay Inslee signed into law the Washington Fair Chance Act (WFCA) on March 13, which prohibits inquiries regarding applicants’ conviction histories until…
US Companies Doing Business in the EU or Impacting EU Individuals Must Comply with the EU GDPR by May 25, 2018
In a short two months, the European Union’s General Data Protection Regulation will take effect. The deadline for compliance is May 25, 2018. The GDPR significantly expands the jurisdiction of the EU’s data privacy framework to companies processing or…
GDPR: The Most Frequently Asked Questions: If I receive a Right to Be Forgotten Request From a Former Employee That was Terminated for Cause, Do I have to Honor it?
Bryan Cave addresses the common question “If I receive a Right to Be Forgotten Request from a former employee that was terminated for cause, do I have to honor it?” The General Data Protection Regulation (GDPR) indicates that people have a “right to…
GDPR: The Most Frequently Asked Questions: When Honoring a “Right to Be Forgotten” Request Do I Have to Delete Personal Data from Backup Systems?
There continues to be a great deal of confusion surrounding the requirements of the General Data Protection Regulation (GDPR). To help address the confusion, Bryan Cave has published a multi-part series that discusses the questions that most frequently are asked by…
Employers Prevail in FCRA Class Actions
In Lewis v. Southwest Airlines, the plaintiff asserted classwide and “willful” violations of the Fair Credit Reporting Act’s disclosure requirement and corresponding violations of California’s fair credit reporting act. The court reasoned that…
9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing
The Ninth Circuit has ruled that the plaintiff in Bassett v. ABM Parking Services, Inc., et al., Case No. 2:16-CV-00947 (9th Cir. 1018) failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit…
A Double Whammy for California Employers: Heightened Immigration Investigations and New Fines
A new California law imposes new and different obligations on California public and private employers for immigration worksite visits, activities and enforcement by federal government agencies. The California’s Immigrant Worker Protection Act (IWPA), which became…