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Capper, Dir of National Intelligence, et al v. Amnesty International USA et al

SCOTUS Dismisses Federal Wiretapping Challenge

Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more

What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment

The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more

Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

Legislative and Other Developments Affecting California Employers in 2013

Employment Bulletin - We wish all of our clients and friends a happy and prosperous New Year. This annual report from Greenberg Glusker’s Employment Department summarizes the new laws that will affect California...more

OCR Releases De-Identification Guidance

The HHS Office of Civil Rights (OCR) recently released guidance intended to assist covered entities in understanding what de-identification is, the general process by which de-identified information can be created, and the...more

OCR Issues Guidance on Methods for De-Identification of PHI Under HIPAA

On November 26th, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) released guidance on the methods that covered entities and business associates can use to de-identify protected health...more

Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance...

The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more

Navigating the Two-Way Street of Workplace Accommodation

The phrase “accommodation is a two-way street” appears often in arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means...more

Attention California Employers: New Employment Laws Affecting Your Business Take Effect On January 1, 2013

With the stroke of several employee-friendly pens, Governor Brown enacted a number of new laws in California that take effect on January 1, 2013. These laws further expand the rights of employees in California, and further...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

Fenwick Employment Brief - October 2012

In This Issue: - Important California Legislative Developments - NLRB Upholds Facebook Firing, But Strikes Down "Courtesy," Social Media, And Other Workplace Policies - Policy-Based Gender Bias Class Claims...more

New California Employment Laws Signed by Governor Brown

On September 30, 2012, Governor Jerry Brown signed into law several bills applicable to California employers that were passed by the Legislature during its 2011-2012 regular session. We are providing this brief summary to...more

New California Employment Laws for 2013

Governor Jerry Brown recently signed into law a number of employment-related bills that may have a significant impact on employers with employees based in California. The most notable, as well as two widely anticipated bills...more

Balancing Rights of Privacy with Accommodation of Invisible Disabilities: Employers Have Rights and Employees Have Obligations Too

An employer’s duty to accommodate employees with disabilities to the point of undue hardship is well known and particularly challenging when it comes to accommodating employees with invisible disabilities, such as mental...more

Wellness Plans Receive Boost from Court of Appeals

Wellness plans have long held the potential to help employers manage the cost of their health benefits. Employers have been wary about embracing these plans, in large part because of uncertainty about how to structure them...more

Social Media Risks and Compliance

Companies continue to access social media sites to monitor employees and assess job applicants. They do so in the face of increasing risks. Federal and state laws and regulations are rapidly changing as social media use by...more

Employers Beware: Is EEOC Joining the NLRB to Require that Employers Not Instruct Employees to Maintain the Confidentiality of an...

Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an employer that the employer’s...more

Social Media in the Workplace - July 2012

These are the days of Facebook, LinkedIn, Twitter, YouTube, Pinterest, IM, MMS and SMS. We blog, we tweet, we post, we follow, we like, we comment, we pin, we text—and while doing so, we have blurred the lines between...more

What to Watch in New Jersey – Pending Legislation

Several bills are pending before the New Jersey legislature that, if enacted, could significantly impact New Jersey employers. This Alert highlights some of the more significant bills. ...more

EPIC Recommends Protections for Use of Commercial Facial Recognition Technology

In a statement for the record, EPIC called on the Senate Subcommittee on Privacy, Technology, and the Law to protect the ability of individuals to control the disclosure of their identity. The hearing on "What Facial...more

The Legal Concerns Implicated By Corporate Wellness Programs

Between the rising cost of health care coverage for employees and the significant incentives contained in the Patient Protection and Affordable Care Act of 2010 (PPACA), companies are paying increased attention to corporate...more

EPIC Calls for Suspension of Homeland Security's "Risk-based" Profiling System

EPIC submitted comments to Customs and Border Protection, a component of the Department of Homeland Security, urging the agency to suspend the Automated Targeting System. Although the System was initially created to screen...more

Hiring Al Capone -- Employers face new responsibilities in conducting criminal background checks

If you are the typical employer, you perform a criminal background check on job applicants, right? Ninety percent of employers do, and it is understandable why criminal background checks are performed: More than 65 million...more

Employers Should Be Wary Of Information They Gather Online About Employees

Maryland recently became the first state in the country to ban employers from asking both employees and job applicants for their social media passwords. The bill, which passed both houses of Maryland’s legislature, is...more

Hospitality Update - June 2012, No. 2

In This Issue: - Peyton Manning Ate Here! Managing Privacy Concerns In A Modern Workplace By Larry Sorohan (New Orleans) Privacy can be an elusive goal. In today’s world, the Internet allows us an almost unlimited...more