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Alberta Arbitration Board Considers Random Alcohol and Drug Testing in Closely Watched Case

An Alberta Arbitration Board has recently released its decision in the closely followed case of Unifor, Local 707A v Suncor Energy Inc regarding Suncor’s random drug and alcohol testing policy for safety sensitive union...more

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Employees Seek To Take Bite From Apple (and Urban Outfitters)

Chances are that if you ask someone what they remember from the cult-classic Paul Verhoeven film Total Recall, they’ll recall (among other things) the sequence where Arnold Schwarzenegger attempts to sneak through security....more

A Weapon Against Hackers on the Home Front

Although headlines have focused on foreign cyberattacks, plenty are U.S.-based—and can be remedied. Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to...more

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

Washington State Joins Trend of New Social Media Laws

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more

Who Owns an Employee’s LinkedIn Account?

LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...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

Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks

A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern...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

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone....more

Canadian Courts Consider Alcohol and Drug Testing in the Workplace

The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more

Privacy Breaches Can Be One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy...

Twenty-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their...more

Employment Law Commentary -- Volume 24, No. 10, October 2012: California Legislative Update—The Bills Are Signed and the Fun...

In the second year of his second stint as governor, Jerry Brown has again signed many bills that are important to California’s employers. Notable this year are the significant changes to the enforcement of the Fair Employment...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

Illinois Supreme Court Adopts Tort of Intrusion Upon Seclusion

It's not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a...more

Health Care Legal News - September 28, 2012 • Volume 2, Number 8

In This Issue: - THE DW HEALTHCARE TEAM IS GROWING: With the addition of six new healthcare attorneys, the DW Healthcare Team has expanded its expertise and its depth... - RECOVERY OF LOST PROFESSIONAL...more

New Illinois Law Prohibits Employers From Requesting or Requiring Access to Social Networking Accounts

On August 1st, Governor Quinn signed into law new standards that make it illegal for Illinois employers to request or require passwords or other account information for, or otherwise demand access to, social networking...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power...more

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute...

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute...more

Employers Cautioned Against Asking Applicants and Employees for Password Access to Personal Social Media Accounts

?Employers are increasingly asking (or requiring) applicants or employees to provide their Facebook password or other social media account log-in credentials so the employer can review non-publicly available content for...more

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