Here are some key points for employers to keep in mind related to the California Consumer Privacy Act (CCPA), which were included in my presentation to a recent meeting of Fox Rothschild’s Labor & Employment Practice Group.

  • Most employee rights were carved out of CCPA, but only until Jan. 2, 2021.
  •  Employers that are “businesses” under CCPA must provide their employees with a CCPA-compliant privacy notice.
  • A data breach of HR data stemming from a lack of reasonable protections could be the trigger for a class action lawsuit so:
    • Information security + policies + third party provider management regarding your HR data is important
  • Existing CA laws grant employees rights to access some of their HR files, so it is important to pay close attention and consult with counsel when receiving employee requests under CCPA.