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California Announces New Enforcement Sweep Aimed at Employers

19 Jul


Update applicable to:

California employers subject to the CCPA (Covered employers)

What happened?

On July 14, 2023, California’s Attorney General announced an “investigative sweep” regarding compliance with the CCPA.

What are the details?

The announcement is a new enforcement sweep aimed at ensuring that companies comply with the California Consumer Privacy Act of 2018 (“CCPA”) with respect to the personal information of employees and job applicants. The exemption for HR-related data under the CCPA expired on January 1, 2023, when the amendments to the CCPA made by the California Privacy Rights Act of 2020 became operative. The Attorney General plans to send inquiry letters to large California employers requesting information on compliance with CCPA with respect to the personal information of employees and job applicants.

For more information, please see the links below:

Attorney General Press Release

Article 1, Article 2, Article 3

What do employers need to do?

The Baker McKenzie law firm recommends employers implement / update contracts with service providers, affiliates and other parties to whom the company discloses personal information about applicants and personnel, to avoid triggering or violating opt-out rights of employees (and implement an opt-out program if required); issue / update privacy notices to job applicants and employees and addressing applicant and HR data in the company’s online CCPA Privacy Policy;

Update the company’s data subject request program and train HR professionals; revisit data deletion and retention policies given broad access rights for employees and associated compliance costs and risks; and prepare assessments concerning the use of “sensitive personal information” to support reliance on exceptions or offer opt-out rights to employees. Employers may want to consult their own employment attorney with assistance specific to their business.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's California PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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