Labor & Employment Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices....more

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

MIND YOUR OWN BUSINESS!: New Employment Laws for Social Media Accounts

The Nutshell - Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts....more

Hack Attack?

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

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

LinkedIn settles class action suit

Last week, LinkedIn agreed to pay $13 million and change some of the site’s features to settle a class action lawsuit filed against it in 2013 alleging that it used the Add Connections feature to access users’ email contacts...more

WTF Day 2

As in, “Way Too Frequently” we are hearing and reading about cyber and data breaches. The ironic hack du jour: LastPass. Wait for it: A company that lets a customer store all of his or her passwords online in a single storage...more

FDA Approach to Labeling Treats Biosimilars Like Generics

One of the FDA’s recent biosimilar guidance documents has drawn criticism for eliminating labeling information necessary for physicians to make prescribing decisions. The guidance document, titled, “Scientific Considerations...more

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Rise of the Video Vigilantes: Handling Secret Workplace Recordings

Video vigilantes are on the rise, and their recordings can quickly go viral. What should employers do to prepare for, handle and prevent covert recordings made in the workplace? Just a few short years ago HR and...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

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Connecticut Becomes Newest State with Social Media Privacy Law

Connecticut Governor Daniel Malloy signed Connecticut’s new social media law on Tuesday, May 19, 2015 prohibiting employers from: (1) requesting or requiring that an employee or applicant provide the employer with a user...more

Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or...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

When is a Background Search not a Background Search?

The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

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