Philip Gordon

Philip Gordon

Littler

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Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

6/21/2016 - Background Checks Corporate Counsel Credit History Employer Liability Issues Employment Application Employment Discrimination Hiring & Firing Job Applicants Local Ordinance Popular

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

6/6/2016 - Background Checks Ban the Box Corporate Counsel Criminal Background Checks Employment Application Hiring & Firing Job Applicants New Legislation

U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more

5/17/2016 - Article III Background Checks Class Action Employee Liability Information FCRA Hiring & Firing Injury-in-Fact Popular SCOTUS Screening Procedures Spokeo v Robins Standing

FTC Releases Updated FCRA Guidance On Background Checks

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

5/12/2016 - Background Checks Corporate Counsel Credit Reporting Agencies Credit Reports Employer Liability Issues Employment Discrimination FCRA FTC Hiring & Firing

Austin Becomes the First City in Texas to “Ban the Box”

On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more

3/28/2016 - Ban the Box Corporate Counsel Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance

Workplace Recording Bans and the NLRA: Are "No-Recording" Policies Still Allowed?

The ubiquity of smartphone applications ("apps") that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement...more

2/18/2016 - ALJ Audio Recording Employment Policies Mobile Apps NLRA Popular Whole Foods

EU Privacy Regulators: Newly Announced "Privacy Shield" Not A Safe Harbor Yet

In response to the February 2, 2016, announcement by the European Commission (the "Commission") and the U.S. Commerce Department of a new framework, called the "Privacy Shield," to replace the invalidated U.S.-European Union...more

2/4/2016 - Article 29 Working Party (WP29) Binding Corporate Rules Data Protection EU EU-US Privacy Shield International Data Transfers Personal Data Safe Harbors

EU and US Beat the Clock With Their Announcement of the "Privacy Shield" a/k/a Safe Harbor 2.0

In a long-awaited and much-anticipated announcement, the U.S. Department of Commerce and the European Commission (the “Commission”) declared on February 2, 2016, that they had struck a deal on a new cross-border data transfer...more

2/3/2016 - Article 29 Working Party (WP29) CJEU Corporate Counsel Data Protection EU EU-US Privacy Shield International Data Transfers Personal Data Popular Safe Harbors

Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework – The General Data...

The European Union’s (EU) new data protection framework, known as the General Data Protection Regulation (the “Regulation”), is, at bottom, a response to the astonishing evolution in online commerce. As a result, only one of...more

1/22/2016 - Corporate Counsel EU EU Data Protection Laws General Data Protection Regulation (GDPR) International Data Transfers Member State Notification Requirements Personal Data Popular Young Lawyers

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

1/21/2016 - Ban the Box Criminal Background Checks EEOC Hiring & Firing New Legislation

Portland, Oregon Bans the Box

On November 25, 2015, Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process. With these new rules,...more

12/3/2015 - Ban the Box Criminal Background Checks EEOC Employment Discrimination Hiring & Firing

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

11/11/2015 - International Data Transfers Personal Data Privacy Laws Safe Harbors US-EU Safe Harbor Framework

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

10/30/2015 - ALJ Blogging Platforms Employment Policies Facebook NLRA NLRB Online Platforms Popular Protected Concerted Activity Social Media Social Media Policy Social Networks Starbucks

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

10/7/2015 - Cybersecurity Data Protection Data Security Data Transfers Enforcement Guidance European Court of Justice (ECJ) FTC Multinationals NSA Personal Data Popular PRISM Program Safe Harbors U.S. Commerce Department US-EU Safe Harbor Framework

The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

8/5/2015 - ADA Big Data Class Action Compliance Data Protection Data Security EEOC FCRA Hiring & Firing OFCCP Popular Privacy Policy Workplace Safety

Oregon to Become the Latest State to Ban the Box

On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process...more

6/23/2015 - Background Checks Ban the Box Best Practices Criminal Background Checks Enforcement Hiring & Firing Job Applicants New Legislation

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

6/18/2015 - Corporate Counsel Employee Rights Employment Policies Hiring & Firing New Legislation Passwords Popular Privacy Laws Social Media Social Media Policy Young Lawyers

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

5/28/2015 - Employee Rights FINRA Job Applicants Passwords Popular Privacy Laws Social Media Social Media Policy

Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts

March 30, 2015 Authors: Philip Gordon and Joon Hwang As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards...more

3/30/2015 - Corporate Counsel Employer Liability Issues Legislative Agendas Passwords Popular

NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers

In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very...more

12/16/2014 - Corporate Counsel Email NLRB Protected Concerted Activity Purple Communications Unions

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

12/3/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employer Liability Issues Employment Application FCRA Hiring & Firing Job Applicants New Legislation

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more

9/3/2014 - Corporate Counsel Defamation Employer Liability Issues Facebook NLRA NLRB Popular Protected Activity Section 7 Social Media

New Jersey's "Opportunity to Compete Act" Continues the Nationwide "Ban-the-Box" Trend

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

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