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Labor & Employment Communications & Media

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

Changes in the protection of employment related personal data

by Dentons on

On 14 September 2017, long-awaited drafts of new laws adjusting the provisions of Polish law to the Regulation (EU) 2016/679 – General Data Protection Regulation (“GDPR”), which will take effect on 25 May 2018....more

Uber Driver Compensation Claims Survive Summary Judgment in EDPA

On September 13, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies. It is the first time a district court in the Third...more

Retail and Consumer Products Law Roundup - September 2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

Social Selling and the Gig Economy

by Fisher Phillips on

If you are a Millennial female with Facebook, I’ll make an educated guess that you have at least been invited to join a LuLaRoe group. Or perhaps you have recently attended (or hosted) a Stella and Dot party. Companies such...more

Employment Matters – UK - Snooping on Employees' Private Emails

Some of you might recall the case of Mr Barbulescu v Romania in 2016, which involved an employee (Mr Barbulescu), who sent private emails through his personal Yahoo account from an office computer. Some messages were innocent...more

Privacy of personal communications at work

by Dentons on

The Grand Chamber of the European Court of Human Rights (ECtHR) has held that the monitoring of personal messages on a work-related internet messaging account did breach the Article 8 right to privacy....more

Social media and the workplace in South Africa

by Dentons on

Big Brother is watching you: a snapshot analysis of the employee’s right to freedom of expression and right to privacy versus the employer’s right to protect against reputational and brand damage....more

Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains

by Franczek Radelet P.C. on

Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

by Faegre Baker Daniels on

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Calling President An Idiot May Be Protected Speech (But Maybe Not)

by Shipman & Goodwin LLP on

“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal...more

The European Court of Human Rights sets out criteria for lawful monitoring of employees

by Ropes & Gray LLP on

On 5 September 2017, in the case of Barbulescu v Romania (Application no. 61496/08), the Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

European Court Proposes Criteria for Assessing Employee Monitoring Activities

by Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

Cyber Crime Pays! Different Attacks Have Different Values

by Miles & Stockbridge P.C. on

Cisco’s midyear report showed that CEO fraud netted cybercrime five times more money than ransomware over the last three years. CEO fraud is a scam in which cybercriminals spoof company e-mail accounts and impersonate...more

♫Let It Go, Let it Go♫

by Sherman & Howard L.L.C. on

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows...more

Class Action Roundup: Summer 2017

by Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Think Accessibility When Designing Your Webpage and Apps

On June 13, 2017, Judge Robert N. Scola Jr. of the United States District Court for the Southern District of Florida ordered Winn-Dixie Stores, Inc. to make its website accessible by persons with disabilities, including those...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

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