Compliance Stuff

In April 2026, Alabama enacted the Alabama Personal Data Protection Act ( APDPA ), making it the 22nd U.S. state to adopt a broad consumer privacy law governing how organizations collect, use, and disclose personal data. While the APDPA reflects many elements common to other state privacy frameworks, it also stands out for several business‑friendly features, including broad exemptions, a permanent cure period, and narrower operational obligations than those imposed by some other state laws. T he APDPA is scheduled to take effect on May 1, 2027, and reflects the continued expansion of state-level privacy legislation across the United States. Given its close alignment to existing consumer privacy laws such as the Virginia Consumer Data Protection Act (VCDPA) that was enacted in 2021 , organizations with existing privacy compliance programs likely will not be required to make substantial adjustments to their compliance programs if the APDPA applies to them. We discuss the APDPA in more d...

A New Normal At this point, we've all become familiar with generative AI models. Most users today engage with AI models through a conversational interface: they type prompts, questions, or instructions, and the model replies. People treat these systems like a "smart assistant," not by handing off control, but by querying, iterating, refining its output, and guiding it with feedback. In this interaction mode, the human remains in the loop . The AI system is a collaborative tool, not an independent actor. "Agentic" AI seeks to expand on those capabilities by enabling agentic systems to take action on behalf of users, rather than simply providing information and analysis. Imagine planning for a weekend trip, including making reservations for flights and hotels. Instead of spending time comparing airlines, flight times, loyalty points, and prices, an AI agent handles the entire process for you. The agent knows your travel preferences, loyalty memberships, budget, an...

  Act creates new rules regarding criminal background checks The  New York State Clean Slate Act  (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal convictions will be automatically sealed after specified periods of time. In light of these changes,  employers must be particularly mindful of the criminal history information being considered in connection with hiring or an employees' continued employment. Employer Obligations Under the Act Employers must comply with more stringent notice obligations under the Act. While employers were already required to provide a copy of Article 23-A of the New York Correction Law as part of the background check process, they must now also provide a copy of the criminal history information they receive to applicants and employees, and notify applicants and employees of "their right to seek correction ...

Governor Newsom recently approved several employment bills that will significantly impact the rights of employees in California starting on  January 1, 2025 . DWT recommends that employers take note of these new laws and get ahead of the game by reviewing their employee handbooks, personnel policies, and employment contracts before the end of the year. SB 399: "Captive Audience" Meeting Ban With the approval of SB 399, California joined a growing number of states that have now enacted bans on employer-sponsored "captive audience" meetings. Effective January 1, 2025, SB 399, a union-backed bill known as the California Worker Freedom from Employer Intimidation Act, will prohibit California employers from requiring their employees attend mandatory meetings on religious or political matters, including anti-unionization. Employers may not retaliate against employees for refusing to attend such meetings. Employees who are scheduled to work during the meeting must be paid...