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Joseph J. LazzarottiBlog Posts

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  • EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

    For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology. Find out more here. Continue Reading
    May 19, 2022
  • Connecticut Likely to Become Fifth State to Enact Comprehensive Consumer Privacy Law

    When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. After overwhelming support in the state legislature, Connecticut is about to become the fifth state with a comprehensive privacy...
    May 4, 2022
  • Draft Regulations in California Would Curb Use of AI, Automated Decision Systems in Employment

    “The EEOC is keenly aware that [artificial intelligence and algorithmic decision-making] tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.” Statement from EEOC Chair Charlotte A. Burrows in late October 2021 announcing the employment agency’s...
    April 11, 2022
  • Draft Regulations in California Would Curb Use of AI, Automated Decision Systems in Employment

    “The EEOC is keenly aware that [artificial intelligence and algorithmic decision-making] tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.” Statement from EEOC Chair Charlotte A. Burrows in late October 2021 announcing the employment... Continue Reading
    April 11, 2022
  • New Jersey Requires Employers to Make a Retirement Savings Vehicle Available to Employees

    In an effort to close the gap in retirement savings across the state, Governor Phil Murphy signed the New Jersey Secure Choice Savings Program Act (Act) in March of 2019. The Act created the Secure Choice Savings Program (Program), designed to provide a path for more private sector employees save for retirement. In short, the...
    April 4, 2022
  • “Get a Life” – Another Dentist Responds to Patient’s Online Review, This Time Faces a $50,000 OCR Penalty

    It can be cathartic responding to a negative online review. It can also backfire, as can failing to cooperate with an OCR investigation as required under HIPAA. The Office for Civil Rights (OCR) recently announced four enforcement actions, one against a small dental practice that imposed a $50,000 civil monetary penalty under HIPAA. The OCR...
    March 29, 2022
  • Utah Becomes Fourth State to Enact A Comprehensive Privacy Law

    Just as businesses are preparing to ensure compliance with similar laws in California, Colorado, and Virginia, they soon will need to consider a fourth jurisdiction, Utah. On March 24, 2022, Governor Spencer Cox signed a measure enacting the Utah Consumer Privacy Act (UCPA). The UCPA is set to take effect December 31, 2023. Note, Georgia...
    March 25, 2022
  • FTC Settles Privacy and Security Allegations with Online Merchant for $500K and Agreement to Extensive Compliance Program

    The FTC recently settled its enforcement action involving data privacy and security allegations against an online seller of customized merchandise. In addition to agreeing to pay $500,000, the online merchant consented to multiyear compliance, recordkeeping, and FTC reporting requirements. The essence of the FTC’s seven count Complaint is that the merchant failed to properly disclose...
    March 23, 2022
  • Is Crypto Too Cryptic for Your 401(k) Plan?

    It started sometime last year and, in hindsight, was inevitable.  Clients with 401(k) plans and a crypto-savvy employee population began asking whether they could offer cryptocurrency as a plan investment option.  In the 401(k) world, where even a self-directed brokerage window with built-in investment limitations can be too risky, the answer seemed obvious – watch...
    March 21, 2022
  • Cyber Incident, Ransom Payment Reporting to DHS Mandatory for Critical Infrastructure Entities

    Included within the Consolidated Appropriations Act, 2022, signed by President Joe Biden on March 15, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Act) creates new data breach reporting requirements. This new mandate furthers the federal government’s efforts to improve the nation’s cybersecurity, spurred at least in part by the Colonial Pipeline cyberattack...
    March 18, 2022

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