EU Data Privacy Rules and Penalties Reach America: Are You Ready?

What is European Data Privacy Law and why does it impact California and other U.S. based companies?

The Charter of Fundamental Rights of the European Union, Article 8, protects everybody’s personal information.  Effective May 24, 2016, the EU’s General Data Privacy Regulation (“GDPR” or “the Regulation”) began to protect this right in the digital age. Continue reading

What Does California’s New E-Verify Law Mean For Employers?

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Our blog post on January 5, 2016 summarized California’s new E-Verify law and other updates.  So what should California employers do differently now with respect to I-9s and E-Verify?  Enrollment in E-Verify remains voluntary under federal and California law except for federal contractors with the FAR provision in their contract.  California’s new law (AB 622) added significant penalties at the state level for E-Verify violations in addition to federal penalties.  Continue reading

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions

Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes.  For over 40 years, the courts have recognized this so-called “disparate impact” theory of discrimination. Continue reading

San Francisco “Bans The Box” For Private Employers

As we first discussed here, “ban the box” state laws and local ordinances are picking up traction nationwide.  Measures vary in scope and nature, but the typical policy bars employers from asking for criminal history information on job applications.  Instead, the employer may only obtain criminal background information after they determined the candidate is suited for the job.  Four states and numerous municipalities have already banned the box for private employers, including Minnesota, Massachusetts, and Newark, New Jersey.  Now, the San Francisco Board of Supervisors has joined this growing group in passing the “Fair Chance Act,” an ordinance amending the City’s Police Code.  Mayor Ed Lee approved the ordinance on February 14, 2014. Continue reading