Philip Gordon

Philip Gordon

Littler

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

7/11/2014 - Cell Phones Corporate Counsel Employer Liability Issues Fourth Amendment Riley v California SCOTUS Warrantless Searches

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating...more

6/11/2014 - Employee Rights Passwords Popular Social Media Social Media Policy

Rochester, New York Joins The "Ban-the-Box Movement"

On May 22, 2014, the City of Rochester became the second city in New York to “ban the box,” by adopting legislation restricting the timing of pre-employment inquiries by most Rochester public and private employers into a...more

5/29/2014 - Background Checks Ban the Box Criminal Background Checks Employer Mandates New Legislation Public Employees Public Employers Public Entities

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

5/14/2014 - Corporate Counsel Electronic Communications Electronic Devices Employee Rights Employer Liability Issues New Legislation Privacy Laws Privacy Policy Right to Privacy Social Media Social Networks Workplace Investigations

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. ...more

3/27/2014 - Audio Recording Surveillance

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data...more

3/7/2014 - CNIL Dodd-Frank Multinationals Sarbanes-Oxley Whistleblowers

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union...more

2/14/2014 - Anti-Discrimination Policies Business Torts Discovery Healthcare Internet of Things Robotics Unions Wage and Hour Workers' Compensation Defense Workplace Safety

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

9/26/2013 - Facebook First Amendment Free Speech Hiring & Firing NLRA NLRB Political Campaigns Public Employees Social Media Social Media Policy

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more

9/5/2013 - Administrative Remedies Chris Christie Compliance Employee Rights New Legislation Passwords Social Media Social Media Policy

New Jersey Court’s Decision Provides Roadmap For Access To Employees’ Restricted Social Media Content

With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more

8/29/2013 - Discipline Employee Rights Passwords Social Media Social Media Policy

Colombia Adopts Regulations to Implement its Data Protection Laws

With the advent of new rules regulating the protection of personal data, companies with operations in Colombia must implement policies and practices to comply with Colombia’s privacy law. In October 2012, Colombia enacted...more

7/30/2013 - Confidential Information Consent Cybersecurity Data Collection Data Protection Privacy Policy

Colombia Adopta Normas Sobre la Protección de Datos Personales

Con la promulgación de nuevas regulaciones sobre la protección de datos personales, las empresas que operan en Colombia deben acogerse a estas políticas e implementarlas en sus empresas, para acatar la ley de privacidad...more

7/30/2013 - Confidential Information Data Protection

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws

The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more

7/2/2013 - Hiring & Firing Job Applicants New Legislation Passwords Social Media

Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers

Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more

6/3/2013 - Facebook Harassment Hiring & Firing Investigations Job Applicants LinkedIn Passwords Social Media Twitter

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

5/3/2013 - Facebook Hiring & Firing Internal Investigations Job Applicants LinkedIn Passwords Social Media Termination Twitter

Colorado is the Latest and Ninth State to Enact Legislation Restricting the Use of Credit Reports for Employment Purposes

On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more

4/29/2013 - Adverse Employment Action Credit Reports EEOC Hiring & Firing Job Applicants

27 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×