Labor & Employment Privacy

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Twitter Ordered by Irish Court to Disclose Information about Author of Tweet

Twitter International Company (TIC) in Dublin, Ireland was reportedly ordered by a High Court to disclose data about the source of tweets about a whistleblower. The tweets, which included allegations of insurance fraud, are...more

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

Social Media Privacy Legislation Desktop Reference: What Employers Need to Know

There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging...more

Safe Harbor Judgment to be Delivered October 6th!

Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on...more

Questions Remain About Social Media Privacy Rights During Workplace Investigations

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Is it legal to ask for a social security number on an application?

Q. Our current job application asks for the applicant’s SSN. Is that legal? I feel it might not be a good idea with all the high-profile news of identity theft. Originally published in the Utah Legal Law Letter....more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

Illinois Resurrects Anti-Recording Law

Most states have laws restricting surreptitious recording of conversations, although the terms often vary as to what consent is required. While a prior Illinois law had been declared unconstitutional after a citizen was...more

Social Media Employee Privacy Laws – The New Majority Approach?

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Accessing an Employee’s Social Media Account? A Patchwork of State Laws

The water cooler, it seems, is a thing of the past. Or at least the actual physical water cooler is. These days, many of the office conversations take place online. Employees air their grievances, connect with each other, and...more

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more

That is SO last week - September 2015 #4

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

What's So Great About an Information Security Policy?

Lawyers and compliance professionals constantly tout the importance of internal information security policies, particularly in light of data privacy problems that are reported almost daily in the media. Admittedly, drafting...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

Wearable Technology: Rewards and Risks

Wearables will soon be everywhere. They’ll be on our wrists, around our waists, arms, and fingers, in our shoes, and embedded in our uniforms. Wearable technology promises great things for employers, but like all technology...more

Maine Social Media Employee Privacy Law Goes Into Effect October 15, 2015

In a sign of the growing trend of states enacting statutes protecting employee privacy, Maine became the latest state to prohibit employers from requiring employees and job applicants to provide passwords to their personal...more

When HR Meets Law: Social Media in Recruitment

(Chinese & English version) In recruitment,the use of personal information collected via social media platform may create risks of discrimination and privacy invasion. With the revolution of information technology,...more

Data Privacy Continues to be a Hot Topic in HR

Last week, I had the opportunity to speak to the Corporate Compliance Forum for the Connecticut Community Providers Association. My thanks to Gayle Wintjen, General Counsel of Oak Hill, for the invitation to speak. The...more

The Employee’s Role in Cybersecurity: Know, Then Do

While the familiar axiom of “train your employees” is still relevant - it is becoming insufficient; beyond simply knowing what to do, more and more employees must affirmatively act to pursue their company’s cybersecurity...more

Class Action Round-Up: Summer 2015

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

9 Things Employees Should Do to Prevent Data Breaches

Avoiding employee mistakes that lead to inadvertent failures will free up valuable resources to fight the bad guys—and may save your job. ...more

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

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