Civil Procedure Labor & Employment Privacy

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German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

A Month in UK Employment Law - April 2016

News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...more

Seyfarth Submits Comments to EEOC Regarding Proposed Pay Data Collection under EEO-1 Report

Seyfarth Synopsis in a Second: Seyfarth Shaw submitted comments on behalf of the U.S. Chamber of Commerce and standalone comments on behalf of the Firm and its clients responding to the EEOC’s proposal to mandate that...more

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the...more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Preserving Confidentiality in EEOC Proceedings

Once upon a time, an employer could respond to an EEOC Charge of Discrimination and include all manner of responsive documents, secure in the knowledge that the Charging Party would never see the position statement, including...more

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements...

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more

Beware the Facebook Settlement Disclosure

We continue to toe the line between privacy rights and social media activity. Typically, though, it’s the employee looking to protect the privacy principle. Not this time. In the context of settlement agreements in employment...more

SuperVision Today - March 2016

Notes from the Chair and Executive Editor - Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group. Our clients in West Virginia certainly are...more

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a...more

Employment Law Letter - Winter 2016

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

Do employers have the right to read employees’ private emails?

A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. Is that correct and does this...more

Employers Should Take Care When Prohibiting Workplace Recordings

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

‘Cannibal Cop’ Decision Restrains Employers

Second Circuit ruling on data theft creates more inconsistency regarding federal law’s reach. In December, a divided panel of the U.S. Court of Appeals for the Second Circuit in U.S. v. Valle interpreted the Computer...more

Early Ruling in Putative Biometrics Class Action May Provoke More Lawsuits

In recent years, a new genre of privacy litigation has emerged involving biometrics. Generally, biometrics consists of biological data that can be used to identify a person, such as retina and iris scans, fingerprints,...more

ERISA Trumps State Law Claims in Anthem Data Breach

The U.S. District Court for the Northern District of California ruled that the Employee Retirement Income Security Act (ERISA) preempts state-law claims arising out of Anthem’s data breach in Smilow, et al. v. Anthem Life &...more

Anticipating Decisions In Three Supreme Court Cases With Potential To Impact Class Action Litigation

The US Supreme Court’s October 2015 term includes three cases that may have important implications for class action litigation: Spokeo Inc. v. Robins et al., 13-1339, Campbell-Ewald Co. v. Gomez, 14-857, and Tyson Foods, Inc....more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...more

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