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My “Momma Bear” Is Coming Out: Cyber Bullies Prove Social Media Training Needs An Anti-Harassment Element

More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more

Week in Review

Significant electronic data breaches made headlines again this week. Supervalu announced that millions of customer credit card numbers were stolen at various stores. ...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

3 Reasons Why Tech Startups Struggle with Discrimination and Harassment Training (And 5 Effortless Ways to Protect Your Startup)

I get it – snooze-worthy, old-fashioned harassment and discrimination training isn’t in line with the vibe you’re trying to create at your hip tech startup. You want to be laid back, cut out all the corporate bull$&^*, build...more

You’ve Got a Problem, Bro – Tinder, Silicon Valley and Resolution 62

A co-founder and now former employee at Tinder has sued the dating app startup and its leaders for sexual harassment and discrimination. It’s a messy (and familiar) story of an office romance between senior execs gone...more

Does Data Discriminate? Perspectives for Employers on the White House's Recent "Big Data" Report

Last month, the White House released a comprehensive report on the use of “big data” in the public and private sectors. Employers should pay particular attention to one of its central forecasts: the EEOC and other federal...more

Week in Review

Are you working in your pajamas right now? Or from the beach? If so, you may be one of the many Americans who telecommute. This week, a Forbes article discussed the rise of telecommuting, the reasons telecommuting is becoming...more

Anti-Bullying Hurdles for the Life Sciences

First Decision for the Fair Work Commission's Anti-Bullying Regime - The Fair Work Commission’s (FWC) Anti-Bullying Regime opened its doors on 1 January 2014. The new Anti-Bullying Regime got off to a leisurely start...more

Social Media – Revise Your Policy If It Says This

If you have a provision similar to the one below in any of your employee agreements, handbooks, etc. or are considering including one, make sure you read the rest of this article....more

Week in Review - March 14, 2014

Week after week, the blogosphere is full of discussions about new developments in the law involving social media. This week, the Equal Employment Opportunity Commission joined the conversation by holding a public meeting to...more

FRANCE: The CNIL adopts new rules on whistleblowing, simplifying significantly hotline implementation in France

In a decision published on February 11, 2014, the French Data Protection Authority (CNIL) has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing....more

Whistleblowing and Data Privacy in France: A New Pragmatic Approach for Employment and Discrimination Claims

The French data protection authority has extended the scope of whistleblowing protections to employment and discrimination claims. ...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union...more

Week in Review - November 27, 2013

Social media and technology seem to be doing more harm than good in the workplace this week. A new study suggests that some employers may be using Facebook profiles to discriminate against job applicants based on legally...more

Watch Out for “Watchdogs”: The N.J. Appellate Division Expressly Expands CEPA Protection To a New Class of Employees

On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary...more

New Jersey Appellate Division Holds “Watchdog Employees” Can Bring CEPA Claims

In Lippman v. Ethicon, Inc., No. A-4318-10T2 (N.J. App. Div., Sept. 4, 2013), the New Jersey Appellate Division held that a pharmaceutical employee hired to be a watchdog—his job was to bring forth issues regarding the safety...more

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

How much do an employer’s obligations to prevent and remedy workplace harassment extend into the virtual world?...more

Don't Ask Me to Be Your Facebook Friend--New Social Media Law in Colorado

Employees reveal a lot of personal information on social media, which opens lively debates about whether and how employers can access that information. A new Colorado statute significantly limits employer's access by making...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace. ...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Sex, E-mail & Privacy – You Have Privacy Rights For As Long As No One Is Interested

On November 15, 2012, the Sexual Orientation and Gender Identity Conference (SOGIC) of the Ontario Bar Association (OBA) held a seminar on “Sexual Orientation & Gender Identity: Managing Personal Privacy and Reputational...more

Labour Notes - November 2012

In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more

Will GINA Be Popular When She Gets a Little Older?

Time Magazine ran a story last week on a company called 23andMe that is seeking FDA approval for a panel of genetic tests that will cost consumers only $299. According to 23andMe’s website, all that’s required to complete...more

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