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With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021.
Attorneys Fees for Whistleblower Retaliation and Extended Filing Period for DLSE Claim (AB 1947)
This new legislation expressly authorizes a court to award reasonable attorneys fees to a plaintiff who prevails in a “whistleblower” action under Labor Code Section 1102.5. The new legislation also lengthens the period of time in which employees can file complaints with the California Division of Labor Standards Enforcement (DLSE). An employee who believes he/she has been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner now has one year to file a DLSE complaint.
Legaltech News
December 30, 2020 While the year began with the California Consumer Privacy Act (CCPA) going into effect, it ended with a whole new California privacy regulation in the California Privacy Rights Act (CPRA). And in between well, with keeping data private as workers moved remote, the Schrems II decision putting cross-border data transfer into flux, and politicians debating social media data, there was a whole lot of talk about other privacy issues. That talk isn’t likely to die down in 2021. In fact, attorneys and legal technologists alike think that more states and perhaps the U.S. government could visit privacy laws similar to California though not everybody’s in agreement that’s a sure thing. Here’s what they predict about the future of privacy regulation and more.
Date started current role: May 2020
Location: Toronto, Canada
Nevin Markwart is the incoming Chief Information Security Office (CISO) for FutureVault Inc., an innovative internet cloud-based personal document storage, access and distribution company. Initiating his third professional career, Markwart graduated in 2019 with a Master of Science degree in Cybersecurity from Brown University, the Ivey League school located in Providence, Rhode Island. He is an online information privacy expert, having written his graduate thesis paper, “Restricting the Adverse Effects of Internet Terms of Service Agreements,” with the support of his non-faculty academic advisor Tom Ridge, former Governor of Pennsylvania and first US Secretary of the Department of Homeland Security.
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Last fall, California voters approved Proposition 24, thereby enacting the California Consumer Privacy Rights Act (CPRA). As DWT noted the day after the election, CPRA amends the California Consumer Privacy Act (CCPA) in subtle and significant ways ….
One subtle and significant effect of the new law (when it ultimately takes effect) will be to limit the use of so-called dark patterns user interface designs that subvert or distort consumers ability to clearly understand data collection and sharing and truly give informed consent.
Dark patterns gained notoriety in privacy policy circles in June 2018 when the term was featured prominently in a European report called Deceived by Design. That report defined dark patterns as:
Tuesday, December 29, 2020
Record retention and records management policies are key elements for a company’s data protection program. Numerous recently enacted, or amended, data protection laws adopt data retention or storage limitation principles to safeguard personal information. Companies that do not have clearly defined record retention practices should take notice. Companies with existing practices should review those practices to ensure they comply with applicable legislation and their information security program.
The recently passed California Privacy Rights Act of 2020 (CPRA), which amends and supplements the California Consumer Privacy Act (CCPA), adopts the EU General Data Protection Regulation (GDPR) storage limitation principle. Under the GDPR, record retention practices play a significant role; storage limitation is a key data processing principle. Personal data must be stored only as long as needed to achieve the articulated purpose for which it was colle