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Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more

Trends in New Jersey Employment Law - July 2014

In recent weeks, New Jersey's primary whistleblower statute—the Conscientious Employee Protection Act ("CEPA")—has been the subject of increased judicial scrutiny....more

You Posted My Medical Information on Facebook?!?!?

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable...more

Allowing Ontario’s Privacy Tort To Develop In The Health Information Sphere — For Now

In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more

Employment Law -- Oct 23, 2013

In California, Arbitration Agreement Valid Despite Lack of Rules - Why it matters: California employers scored a victory with the Peng decision, with the court making clear that a procedural error in failing to include...more

The EEOC’s Latest Investigative Tactic: Trolling for Evidence Through Employee Email Blasts

In an unprecedented move, the United States Equal Employment Opportunity Commission (“EEOC”) recently dispatched 1,330 emails to the work and personal email addresses of current and former employees and managers of Case New...more

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Fenwick Employment Brief - May 2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Fenwick Employment Brief - April 2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

2013 US Labor and Employment Horizon

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and...

In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more

Texas Court Refuses To Prohibit RFID Tags In School

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...more

Clip of Deposition May Remain on YouTube

A video clip from a policeman’s deposition may remain on YouTube because the city failed to justify why it should be taken down. The City of Collinsville, Illinois, sought a protective order to remove the video clip, which...more

Loose Lips Do Not Always Sink Ships—Seventh Circuit Rejects EEOC’s View on ADA Medical Records Rule

In EEOC v. Thrivent Financial for Lutherans (issued on November 20, 2012), the Seventh Circuit Court of Appeals, which is the federal appellate court covering Illinois, Indiana, and Wisconsin, ruled that a company did not...more

How Broad are Illinois' State Rights to Privacy and Gender Equality?

Our preview of the September term of the Illinois Supreme Court concludes with Hope Clinic for Women v. Adams. Although Hope Clinic arises from a constitutional challenge to Illinois’ Parental Notice of Abortion Act, the...more

What is a Super Injunction?

Description of Super Injunctions as issued primarily in the U.K. and why First Amendment prior restraint prohibition has kept this phenomenon from crossing the Atlantic. Originally posted at www.injunctionsblog.com ...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

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

Weekly Law Resume - February 3, 2011: Discovery: Attorney-Client Communications

Holmes v Petrovich Development Company, LLC Court of Appeal, Third District (January 13, 2011) Typically, communications between a person and their lawyer are protected by the Attorney-Client privilege, even if they are...more

WHAT ARE MY LEGAL RIGHT UNDER TITLE IV?

THIS DOCUMENT COVERS PATIENTS RIGHT UNDER TITLE 9-Title IV specifies conditions for group health plans regarding coverage of persons with pre-existing conditions, and modifies continuation of coverage requirements. ...more

YOUR RIGHTS AS A PERSON WITH HIV

KNOW YOUR RIGHTS: THIS DOCUMENT COVERS PEOPLE WITH HIV-WHO HAVE SPECIAL RIGHTS THEY SHOULD BE AWARE OF....more

McGhee v. Pathmark Stores, Inc.

New Jersey Appellate Division denies defendants' motion for leave to Appeal Order Denying Compelled Psychiatric Evaluations of...

New Jersey Appellate Division denies defendants' motion for leave to file an Interlocutory appeal of Trial Court's Order Denying Compelled Psychiatric Evaluations and Psychological Testing of Racial Harassment Plaintiffs...more

McGhee V. Pathmark Stores, Inc.

Atlantic County, New Jersey Trial Judge grants protective order to racial harassment plaintiffs barring defense psychiatric...

Please see attached unpublished Trial Court opinion by Judge Kane in Atlantic County in McGhee V. Pathmark Stores, Inc. This is a LAD racial harassment case where four African American plaintiffs claim emotional distress...more

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