P5 California Employment Laws Schedule to Take Effect in 2020 – Personal Information

California Employment Laws Schedule to Take Effect in 2020 – Part 5.

This is another California passed in 2019. It helps protect the private information of consumers. In 2021, it will also protect the private information of employees.

CCPA employee exclusion – for one more year

AB 25 is a law to exclude an employee’s personal information from the California Consumer Privacy Act (CCPA) until 1/2/201. The CCPA was enacted to protect the privacy rights and consumer rights of California residents. It includes the right of residents to know what personal information data is being collected about them, to know if the information is being sold or disclosed, to say no to a sale of the data, to be able to access the data, and other rights.

AB25 provides that employees and prospective employees won’t be considered consumers (and won’t be able to exercise CCPA rights) until January 1, 2021. In essence, employers are given one more year to comply with the CCPA.

The law has many requirements that will apply to many employers when employees are added to the definition of “consumer.” For example, businesses need to make it easy for consumers to make inquiries and objections. Businesses will need to have at least two ways for consumers to request information including a toll-free phone number and a website address for online businesses.

Businesses/employers will need to disclose and deliver the “required information” free of charge within 45 days from the date the consumer requests the information. The business/employer will also need to take steps to determine if the request is a valid request from a consumer (through current customer account information) and not a fishing inquiry or an improper request from another source.

Businesses and employers will need to disclose to employees/consumers, subject to certain conditions:

  • The consumer’s rights
  • “A list of the categories of personal information it has collected about consumers in the preceding 12 months”
  • The categories of personal information about consumers it has sold in the prior year
  • A list of the categories of personal information it has sold (or disclosed) about consumers in the preceding 12 months by reference

Employers who fail to comply with the CCPA may be subject to penalties up to $2,500 for nonintentional violations and up to $7,500 for intentional violations. It is likely the if multiple employees are affected, starting in 2021, that the employer will be liable for multiple violations.

For help understanding your employee rights, call the Law Office of Stephan Danz at 877-789-9707  or use our online contact form to schedule an appointment.