Civil Remedies, Privacy, Labor & Employment Law

Who Owns an Employee’s LinkedIn Account?

by John Martin | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

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

by Rod Fliegel, Philip Gordon, Jennifer Mora | Littler on 4/29/2013

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

by Ryan L. DiClemente, Robert Nagle | Saul Ewing LLP on 4/26/2013

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

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 4/24/2013

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

by Noa Baddish, Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 4/3/2013

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…

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/21/2013

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

by Matthew Borick | Downs Rachlin Martin PLLC on 2/25/2013

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

by Bennett Jones LLP on 2/1/2013

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...

by Anne Côté, Terri Susan Zurbrigg | Field Law on 12/14/2012

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...

by Morrison & Foerster LLP on 11/6/2012

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

by Orrick, Herrington & Sutcliffe LLP on 11/3/2012

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

by Sedgwick LLP on 10/19/2012

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

by Dickinson Wright on 10/1/2012

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

by Levenfeld Pearlstein on 8/7/2012

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...

by Schnader Harrison Segal & Lewis LLP on 8/3/2012

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

by Mintz Levin - Privacy & Security on 8/2/2012

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...

by Proskauer - New Media & Technology on 6/29/2012

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

by Poyner Spruill LLP on 4/24/2012

?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

Employment Law Alert -- April 2012

by Ruskin Moscou Faltischek on 4/20/2012

In This Issue: First Law Passed Banning Request for Personal Passwords and NLRB Poster -- Delayed Again Excerpt from First Law Passed Banning Request for Personal Passwords Maryland has become the first state...more

Company computer policies risk becoming obsolete -- Policies must reflect new laws and court decisions on data theft, social...

by Nick Akerman on 4/8/2012

Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more

New California Employment Laws in 2012

by Manatt, Phelps & Phillips, LLP on 1/11/2012

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

FCRA Class Actions on the Rise

by FordHarrison on 1/3/2012

This calendar year has produced an alarming trend in employment litigation to which employers should pay particular attention – a boom in the number of class action lawsuits filed under the Fair Credit Reporting Act (FCRA)...more

The FTC Staff Report on “40 Years of Experience with the Fair Credit Reporting Act” Illuminates Areas of Potential Class Action...

by Littler on 12/14/2011

Table of Contents: I. INTRODUCTION 1; II. BACKGROUND FOR THE FTC STAFF REPORT 2; III. SUMMARY OF FCRA OBLIGATIONS ON EMPLOYERS THAT USE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES 2; IV. SUMMARY OF FCRA REMEDIES 4; V. THE...more

Fenwick Employment Brief - November 10, 2011

by Fenwick & West LLP on 11/11/2011

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

Suing Employees for Computer Fraud Gets Easier

by Nick Akerman on 11/7/2011

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more

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Civil Remedies › Privacy › Labor & Employment Law