On October 15, 2012, a bill (A3374) was introduced in the New Jersey Assembly that would require employers with five or more employees to allow their employees access to inspect and copy their personnel records up to twice a year (including up to one year following termination), within seven days of such a request. Employees who disagree with information contained in their files would be permitted to submit an explanatory statement, which would be placed in the file. The bill further provides limitations on: what personnel file contents employees cannot view; what contents employers can and cannot provide to requesting third parties (even with a release); and what information generally cannot be maintained in a personnel file (e.g., information regarding an employee’s associations or political activities). Violations of the law could lead to civil penalties of up to $2,500, as well as actual damages plus reasonable attorneys’ fees and court costs to a prevailing employee.
Under the Regulatory Flexibility Act, the federal government is required to give notice of significant rulemaking activities by publishing semi-annual regulatory agendas (unified agendas) that describe current and intended activity on federal regulations and standards. Typically, the Office of Information and Regulatory Affairs (OIRA) issues an April regulatory agenda sometime during the summer and an October regulatory agenda sometime in the winter.
Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will have an immediate impact on compliance efforts for many Virginia businesses.
On June 8, 2009, the New Jersey Trade Secrets Act (A4053) was introduced. The bill is based on the Uniform Trade Secrets Act (UTSA) prepared by the National Conference of Commissioners on Uniform State Laws. The UTSA has been adopted in 46 states and the District of Columbia.