What Drivers and Employers Need to Know About the New MN Hands Free Law
July 26, 2019 | Scott M. LepakBefore we get started, the employment law attorneys at BGS would like to thank our clients (old and new) for the massive response and positive feedback on the MN Wage Theft Law blog. We have not been able to verify rumors that the legislature decided that employers didn’t have enough to do going into the last legislative session and did their best to remedy that concern. Come to think of it, we would like to thank the legislature for making sure we never run short of business.The next big thing for drivers and Minnesota employers that came about in the last legislative session was the hands free law. The hands free law comes into effect next month (August 1) and will affect drivers and many employers across Minnesota. Fortunately, this law presents a more straightforward issue for employers than the often murky wage theft law requirements. The hands free laws (Minn. Stat. §§ 169.011, subd. 94 and 169.475) aim to ensure roads are safe from technologically distracted drivers. Starting August 1, 2019, law enforcement will be pulling folks over for speaking on the phone, listening to music, podcasts, or the most recent bestseller, as well as watching videos or looking at pictures, games or software applications if these drivers have their phones in…
Read MoreDo business in Texas? New rules for data breach!
July 16, 2019 | Carole Clark IsaksonCalifornia enacted the most comprehensive data privacy laws in the US – it goes into effect on January 1, 2020 (see The California Consumer Privacy Act recent blog post). In the meantime, other states are following suit. If you do business with individuals or companies outside Minnesota, make sure you are keeping up to speed with these new laws! Texas has amended the laws that apply to data breaches, this change applies on January 1, 2020. What is a data breach? Well, it can be slightly different from state to state, which is part of the challenge. In Texas, the law concerns sensitive personal information, which is defined as 1) an individual’s first name or first initial and last name in combination with SSN, driver’s license number or other specific account numbers that could permit access to an account and 2) which information is not encrypted. Disclosure of this information to someone that is not authorized to have it is a security breach, it’s that simple. And what happens then? Give notice to the affected persons within 60 days of discovery, and take other steps required by law (and good business practices). Texas has joined a growing group of states (roughly 30) that require that in the event of a data breach the…
Read MoreThe California Consumer Privacy Act – Be Prepared
July 8, 2019 | Carole Clark IsaksonDOES IT APPLY TO YOU? Do you do business in California, or otherwise collect personal information from California residents? (Hint, if you operate a website, this likely applies to you). Note that the CCPA does not apply to non-profits. It has been a year since California passed the most comprehensive data privacy laws in the U.S., and those laws go into effect in January of 2020. Is your business ready for this??? Many have been waiting for amendments to pass, but as this hasn’t happened yet (and may not for many months) the time has come to make sure your business is in compliance. Even if it applies to you, the CCPA has some important exceptions, designed to keep small businesses exempt from what can be pretty significant compliance requirements. CCPA only applies to businesses that fall into one of these three categories: 1. Buys, sells or shares personal information of 50,000 consumers [or devices]; or 2. Has gross revenue in excess of $25 million; or 3. Derives 50{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of its annual revenue from sharing personal information Under the law a California “consumer” has the right to: (1) request access and details about the personal information that has been collected about him or her over the last year; (2) request that this data…
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