No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides by Mintz Levin - Employment, Labor & Benefits on 5/21/2012 Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.” ...more
The ERISA Litigation Newsletter - May 2012 by Proskauer Rose LLP on 5/17/2012 In This Issue: - Editor’s Overview ...1 - Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits ...2 - Class Warfare — ERISA Class Litigation in Light of Wal-Mart v....more
Facebook “Likes” Are Not Protected Speech Under the First Amendment by Cullen and Dykman LLP on 5/14/2012 Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during...more
Keeping Track of Your Employees: Use of Electronic Monitoring May Be an Invasion of Privacy by Sheehan Phinney Bass + Green PA on 5/10/2012 Employers who use location-tracking devices such as a Global Positioning System (GPS) or smartphone may want to revisit their current policies after the U.S. Supreme Court’s recent decision in United States v. Jones, 132 S....more
EEOC Sues Florida Firefighters Union Over Allegedly Discriminatory Test by Barger & Wolen on 5/9/2012 The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued the City of Jacksonville, Florida’s firefighters union for basing promotions on a written test that few black candidates have passed. The suit raises the...more
Conn. Supreme Court Rejects $10M Verdict; Insubordination is Not Protected Speech by Pullman & Comley, LLC on 5/9/2012 In one of the most significant employment law cases decided by the Connecticut Supreme Court in recent years, the Court unanimously ruled earlier this month that an employee’s free speech rights in the private workplace do...more
Employee Privacy On Work Computers To Be Decided By Supreme Court by Fraser Milner Casgrain LLP on 5/8/2012 The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more
Federal Court Holds Fannie Mae Is Not a Government Entity by BuckleySandler LLP on 5/7/2012 On April 30, the U.S. District Court for the District of Columbia held in an employment case that Fannie Mae is not a government entity and therefore the plaintiff could not sustain her Bivens claim. Herron v. Fannie Mae, No....more
You Can Be Fired for a Facebook “Like” by Lawyers.com on 5/3/2012 If you want to keep your job, don’t “like” someone on Facebook who is an opponent of your boss. In a decision that affects free expression on social media, a federal judge ruled that there’s no First Amendment protection for...more
NLRB: Maliciously False Statements By Employee To Third Party Not Protected by Proskauer - Labor Relations on 5/2/2012 A problem that has vexed employers since the inception of the NLRA is the exact contours of employee free speech under the Act. We know that employees are given a great deal of latitude to express discontent, even to the...more
GPS in the Workplace by Proskauer - Privacy & Data Security on 5/1/2012 Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a suspect’s car was a...more
Disabled Nurse Cannot Escape Employer’s Attendance Policy by Dinsmore & Shohl LLP on 4/27/2012 A recent court ruling could make it easier for employers to insist on regular attendance, even with disabled employees. Earlier this month the U.S. Court of Appeals for the Ninth Circuit rejected a nurse’s claim that her...more
Clash of the Generations - Age Discrimination in the United Kingdom in 2012 by McDermott Will & Emery on 4/27/2012 In Europe, many employers are currently caught in the middle of a conflict between older and younger employees. Many older employees want to work longer (whether by choice or necessity), while younger employees feel that an...more
Northern Mariana Islands Retirement Fund Files For Bankruptcy [Video] by Bloomberg Law on 4/25/2012 April 25 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle at the American Bankruptcy Institute's Annual Spring Meeting in Washington DC about a...more
Big Day for Employers at Connecticut Supreme Court by Pullman & Comley, LLC on 4/25/2012 It’s been several years since employers had some decisions to cheer about at the Connecticut Supreme Court. But yesterday, the court released two important decisions that will likely rank as among the most significant the...more