California Attorney General Rob Bonta has been busy in recent weeks, launching an “investigative sweep” into employer compliance with the California Consumer Privacy Act (CCPA) and cautioning employers about the restrictions on employer-driven debt.
Employers in the state faced new requirements to keep the personal information of employees and applicants safe as of Jan. 1, 2023, pursuant to the CCPA.
Employees, applicants and contractors must receive notice at or before collection that discloses the categories of employment information being collected by the employer, the purposes for which it is used and information about the employer’s retention policies.
In addition to notice, employees gained other rights, such as the right to correct the personal information maintained by the employer, the right to request that the employer delete the personal information the employer has collected about them, the right to request that the employer provide them with or transmit to another entity a copy of their personal information, and the right to request that the employer limit the use and disclosure of “sensitive personal information.”
Employers have the latitude to deny a request to delete personal information that is required to carry out the employment relationship (to provide benefits or process payroll, for example) or, based on statutory requirements, to retain certain information (such as pay data disclosures).
Roughly seven months after the new requirements took effect,...
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