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Total Articles: 10

Last But Not Least, Alabama Passes Data Breach Notification Act

With Governor Kay Ivey’s signature on the Alabama Data Breach Notification Act on March 28, 2018, Alabama followed the lead of 49 other states in requiring protection of sensitive consumer information and notice of data breaches, as well as imposing consequences for failing to comply with the Act. The Act broadly applies to all people, businesses, and government entities that acquire or use sensitive personally identifying information (SPII) and may impact a range of entities like retail establishments, financial institutions, healthcare providers, government agencies, public and private colleges and universities, large employers, and more.

Alabama Becomes the Final State to Enact a Data Breach Notification Law

On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed into a law a similar statute one-week prior. The Alabama law will take effect May 1, 2018. Being the last state to enact a breach notification law, Alabama had the benefit of examining the approach in just about all of the other states and apparently drew provisions from many other state laws, including relatively detailed requirements for covered entities (as defined within the statute) and their third-party service providers to maintain reasonable requirements to protect “sensitive personally identifying information.”

Alabama Senates Passes Data Breach Notification Act

There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill (Senate Bill No. 62) was pending. Now, Alabama is following suit.

City of Birmingham Passes Nondiscrimination Ordinance, Creates Human Rights Commission

On September 26, 2017, the Birmingham City Council passed an ordinance that makes it a crime for any entity doing business in the city to discriminate based on race, color, national origin, sex, sexual orientation, gender identity, disability, or familial status. The ordinance passed unanimously and is the first of its kind in Alabama. Enforceable through the municipal courts, the local law applies to housing, public accommodations, public education, and employment. It carves out two exceptions: one for religious corporations and one for employers with bona fide affirmative action plans or seniority systems.

Called to Action: Alabama Provides Job Protections for Volunteer Firefighters and Emergency Responders

As catastrophic hurricanes threaten the southeastern region, Alabama employers may want to reflect on the state’s emergency response statute.

Alabama’s Restrictive Covenants Statute: New Insight on Retroactivity, Employee Training, and the Blue Pencil Rule

Alabama’s new restrictive covenant statute became effective on January 1, 2016. Recently published committee comments clarified certain provisions of the law. The following briefly summarizes the final committee comments relating to three significant provisions of the new law.

Alabama's New Non-Compete Statute Places New Restrictions on Employers

Executive Summary: Effective January 1, 2016, Alabama passed a new non-compete and non-solicitation statute, repealing § 8-1-1 of the Alabama Code (the "New Act"). The New Act attempts to codify principles the Alabama courts have previously addressed.

Oxford, Alabama, City Council Repeals Bathroom Ordinance Targeting Transgender Individuals

The Oxford, Alabama, City Council has repealed on May 4, 2016, an ordinance it passed a week previously that barred transgender people from using a bathroom that corresponds with their gender identity.

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing facility within the jurisdiction of the City that does not correspond to the person’s biological sex. The ordinance defines biological sex as the sex “stated on a person’s birth certificate.”

Alabama Governor Signs Law Voiding Birmingham Minimum Wage Ordinance

Employers with operations in Birmingham, Alabama, may breathe more easily now. Governor Robert Bentley has signed into law a prohibition against individual municipalities in the state from enacting their own minimum wage laws. The Alabama Senate passed the measure and the Governor signed the bill on February 25, 2016.