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EEOC Attacks Another Wellness Program

EEOC Files Lawsuit and Motion for TRO and Injunction. Last week, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court of Minnesota to prevent Honeywell International Inc. (Honeywell)...more

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

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

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

Employment Law, UK Edition: Employment Law Merry-Go-Round

There is a lot going on in the world of coalition-led employment law and we set out below a round-up of some of the main upcoming changes of which you need to be aware. ...more

If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more

Ontario Court of Appeal Recognizes Tort of Invasion of Privacy by Jennifer Dolman, Evan Thomas and Lia Bruschetta

This Osler Update summarizes the January 18, 2012 decision of the Ontario Court of Appeal in the Jones v. Tsige case which recognized a common law tort of "intrusion upon seclusion". This decision has potential significant...more

What is the result if I do not comply with a court order?

If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more

New California Employment Laws in 2012

Now that the new year is upon us, it is important for employers to be aware of the numerous new California laws in the employment area that will impact their operations. Unless otherwise noted, the laws listed below are...more

Fenwick Employment Brief - November 10, 2011

In this issue: New California Statutes Add to Employer Obligations; Employee Fails to Establish Sexual Harassment Based on Isolated Events; Federal Court, Not California PUC, Must Decide Whether SuperShuttle Drivers Are...more

Footballer Fallout - - the radioactive debate about Superinjunctions, Twitter and Privacy

Quentin Bargate, Senior Partner and Head of Litigation at the City of London law firm Bargate Murray, comments on “Footballergate” the recent clash between the English Judiciary and Parliament, privacy incliding...more

What Fees Can Public Entities Recover From Successful Litigation

In federal civil rights litigation, a successful plaintiff suing a public entity may ordinarily recover his or her attorneys fees. But when the public entity defendant prevails, it may also recover its attorneys fees from the...more

Hall v. LipstickAlley.com

Response to order to show cause why Lipstick Alley should not be ordered to identify anonymous user

Paul Levy of Public Citizen is the primary author of this brief. This description is taken from Public Citizen's website (http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=655). Jermaine Hall, the...more

Payment Matters: HHS Office of Civil Rights Levies First Civil Money Penalty for Violations of the HIPAA Privacy Rule - $4.3...

Cignet Health Center (Cignet), a provider of physician, imaging, and laboratory services, was recently ordered to pay $4.3 million as a Civil Money Penalty (CMP) for its failure to comply with the HIPAA privacy rule and its...more

Winning Casenote for Tulane Write-On Competition

Here I find that the Ninth Circuit erroneously applied a test of reasonableness to the actions of police officers where there was an independent source for evidence obtained subsequent to a warrantless seizure....more

Fenwick Employment Brief - January 12, 2010

IN THIS BRIEF: *California labor commissioner allows employers to deduct from exempt employee leave balance in less than half-day increments *Employee complaint about unpaid overtime, albeit mistaken, supported wrongful...more

I CAN see you: Harassment and Stalking on the Internet

Published in Information and Communications Law, Routledge It is an inevitable consequence of plausible anonymity and deliberately lax regulation that the potential for ‘virtual’ harassment or...more

New Federal Law Regulates Collection and Use of Genetic Information by Employers and Group Health Plans

On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (“GINA” or the “Act”).[1] GINA prohibits employers and group health plans from discriminating on the basis of “genetic...more

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