From the World Wide Web to over the phone, cyber criminals are finding more and more ways to trick us into sharing personal information, many times without us thinking twice about it.
Have Your Employees Completed the New York State Sexual Harassment Training?
The COVID-19 pandemic forced many employers to make difficult operational and personnel decisions to ensure the longevity of their business. Some businesses that were ordered to close may have been able to continue paying their employees, but many had to turn to layoffs or furloughs in order to survive.
U.S. Supreme Court Rules That Title VII Protects LGBTQ Workers
In a landmark decision, the U.S. Supreme Court in Bostock v. Clayton County, Georgia ruled that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects lesbian, gay, and transgender employees from workplace discrimination.
Unemployment Fraud Scam - What You Need To Know
Employers in New York and nationwide have seen an increase in fraudulent claims for unemployment benefits.
CCPA Final Regulations Submitted for Expedited Review
On June 1, 2020, the Office of the California Attorney General submitted final regulations under the California Consumer Privacy Act (“CCPA”) to the California Office of Administrative Law (“OAL”) for expedited review.
DFS Issues Guidance in Light of COVID-19 Cyber Risks
Last week, the New York Department of Financial Services (“DFS”) issued guidance to entities it regulates about maintaining cybersecurity awareness during the COVID-19 pandemic. Businesses have likely already seen the numerous news alerts regarding the increased risk of cyberthreats as bad actors take advantage of the upheaval caused by the current health crisis. At the end of March, the FBI reported that its Internet Crime Complaint Center had already received over 1200 complaints of COVID-19-related scams.
New York Amends Voting Leave Law
On April 3, 2020, Governor Cuomo signed the New York State FY 2021 Budget (click here for our recent LEGALcurrents summary on the Budget) which included, among other things, amendments to the New York State Election Law.
Updated FAQs on Providing Face Coverings for Essential Employees in New York
Update: On April 14, 2020, the New York State Department of Health (DOH) issued Interim Guidance on the Executive Order discussed below. A copy of that guidance can be found here. The LEGALcurrents article below has been updated to reflect certain aspects of the Interim Guidance.
New York Temporarily Allows Remote Witnessing of Wills and Other Documents in Response to COVID-19 Pandemic
With the current COVID-19 pandemic, questions have arisen regarding how people can safely execute Wills and other documents that require witnesses. Yesterday, by Executive Order 202.14, Governor Cuomo expressly authorized Wills, Trusts, Health Care Proxies, and Statutory Gifts Riders for Powers of Attorney to be witnessed remotely by virtual means. The Executive Order is in effect until May 7, 2020. Before this Executive Order, New York generally did not allow remote witnessing.
Privacy and Data Security Risks During COVID-19 Pandemic
Organizations of all sizes are facing daunting technological and logistical challenges, as much of the country’s workforce adjusts to working remotely. Privacy and data security risks only add to these challenges.
Harter Secrest & Emery Resources for Responding to COVID-19
As the implications of COVID-19 continue to evolve, we stand committed to providing insight from across the firm to help you respond to any legal and business issues that may arise during these uncertain times.
In a decision that should send a chill down the spines of Human Resource professionals everywhere, the United States Court of Appeals for the Second Circuit recently found that a company’s Director of Human Resources could be individually liable for violating the Family and Medical Leave Act (FMLA). The decision, Cathleen Graziadio v. Culinary Institute of America et al., was decided by the Second Circuit on March 17, 2016 and is available here. (view as PDF)
“When consumers sign up for Internet service, they shouldn’t have to sign away their right to privacy,” was the clear pronouncement from the Federal Communications Commission (“FCC”) in its fact sheet describing proposed privacy rules directed at Internet Service Providers (“ISPs”).
With the thicket of 47 often conflicting state data breach notification laws and the the Federal Trade Commission’s independent efforts to regulate cyber security (which is a hot topic, but one that is outside the scope of this post), businesses of all sizes and in all industries are looking for a cyber security standard that can be adopted as a best practice.
On February 6, HSE Privacy and Data Security Practice Group Head F. Paul Greene presented on Greater Rochester Enterprise’s “Eyes on the Future” program. Paul, joined by Brian Hedges of Mengel Metzger Barr and Mike McCartney of Digits LLC, discussed why it is crucial for all companies, regardless of size, to take steps to protect their data. Paul also stressed pre-breach planning as key to mitigating risk when systems are compromised.