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Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Special Session Set For Today

After weeks of negotiations, speculation, and a late night caucus, Governor Mark Dayton called the Special Session for today at 10 a.m. The six bills on the approved agenda are the three budget bills that Dayton vetoed at...more

Oregon social media law signed by Governor

Yesterday, Oregon Governor Kate Brown signed into law a new social media law in Oregon, the first in the nation, that limits employers from requiring employees to have social media accounts for employment, and to require...more

Department of Labor Seeks Information about Employees' Use of Smartphones

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

Virginia & Montana Pass Employee Social Media Privacy Acts

Employers in Virginia and Montana that want to connect with their employees online may now have to wait for their employees to “like” them first, thanks to a pair of bills recently enacted. On March 23, Virginia Governor...more

Proposed Arkansas Bill Permitting Employer Access To Employees’ Social Media Accounts Rejected

At the end of March, a bill that would have permitted some employers to require employees to provide access to their personal social media accounts did not garner enough votes to make it out of an Arkansas Senate committee...more

U.S. Shift in Policy Eases Cuba Sanctions and Opens Door for New Opportunities

The Obama Administration recently announced it will undertake efforts to repair diplomatic relations between the U.S. and Cuba and end decades of political estrangement and economic isolation of the island nation....more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

Update on Social Media Legislation in Maine

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as...more

Minnesota Legislature Convenes

The Minnesota Legislature convened at noon on Tuesday, February 25. It hit the ground running with a minimum wage increase and tax cuts at the forefront. It has already passed a $20 million heating assistance bill. The House...more

Is the "Like" Button Becoming a Constitutionally Protected Activity?

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

The First Amendment Goes Digital – Clicking “Like” on Facebook is Speech

With around 1.15 billion members, Facebook is a massive, global forum for communicating with friends and the world. For many users, it often feels as if their news feeds are clogged with vapid comments about the weather, meal...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

Free Speech Protection for Facebook "Likes" by Public Employees

Last week, in Bland v. Roberts, the U.S. Court of Appeals for the Fourth Circuit handed a constitutional victory to Facebook and two plaintiffs who lost their jobs after displaying online support for the incumbent’s opponent...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

Marketing Investment Management Services to Public Retirement Systems: Complying with Applicable Laws and Regulations

It is well-known that high-profile jurisdictions such as California and New York City have in certain instances placed lobbyist registration requirements on investment managers that solicit investment advisory business from...more

Governor Christie Conditionally Vetoes Social Networking Bill; Legislature Responds

The New Jersey Legislature recently passed a social media law, also known as the “Facebook Bill”....more

Legislative Update: Social Media Account Protection and Paid FMLA?

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

Under The Dome: Inside The Maine State House 4-26-13

Major Tax Reform Proposal Starts to Take Shape - This week, the Maine media reported that Senator Woodbury is leading a bipartisan effort to draft a major tax reform proposal. This proposal will likely propose changes...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

What the Pateaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

Minnesota House Commerce Committee Chair Announces 2013 Priorities

House Commerce Committee Chair Designate Joe Atkins has announced his top ten committee topics for the 2013 legislative session. Leading the list, not surprisingly, is health insurance exchange legislation. Passage of HIE...more

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