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Washington state’s My Health My Data Act (“MHMD”) goes into effect on March 31, 2024. Entities should carefully evaluate whether MHMD applies to them in light of the law’s broad applicability, an expansive definition of consumer health data, strict consent requirements and a unique private right of action. This post answers questions about which entities are subject to MHMD, and what the law requires entities to do.

Privacy and data security laws and regulations continue to evolve quickly, and companies processing personal data have an increasing array of issues to manage. As we enter 2024, below are five key considerations for companies managing privacy and data security risks.

The U.S. Supreme Court recently settled a long-standing dispute among federal appellate courts regarding the standard of proof required for employers to establish exemptions under the Fair Labor Standards Act (“FLSA”). In E.M.D. Sales, Inc. v. Carrera, the Court ruled that employers may prove a FLSA exemption by a "preponderance of the evidence" only, rather than the more stringent "clear and convincing evidence" standard.

Recently, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana and Wisconsin) held that, under the federal Fair Labor Standards Act (“FLSA”), nonexempt employees must be compensated for travel time spent away from home when that travel cuts across their workday. The decision highlights some of the pitfalls travel time creates for unwary employers, and underscores the need for businesses to review their travel time policies.