Labor & Employment Privacy

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Locke Lord QuickStudy: SJC Adopts New Lower Standard for Motions to Seal Criminal Records

The Supreme Judicial Court (SJC) recently revisited a nearly 20 year old opinion that imposed an onerous burden of proof on former defendants trying to seal their criminal records in the Commonwealth. Previously,...more

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

New Guidance On Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially...more

EEOC Issues Proposed Regulations On Wellness Programs

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) officially published proposed regulations that provide employers guidance on implementing wellness programs that comply with the Americans with Disabilities...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

EEOC Proposes Rules for Employer Wellness Programs

In response to the increasing cost of providing group health coverage, employers have begun encouraging their employees to participate in wellness programs with the goal of improving overall employee health and reducing...more

BC Privacy Commissioner Releases Report on Use of Employee Monitoring Software

In January 2015, the mayor of Saanich publicly complained that the District of Saanich had installed “spyware” on his office computer. The BC Information and Privacy Commissioner initiated an investigation pursuant to the...more

Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

Every day new stories about the uses (and misuses) of drones surface in the media. They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor...more

An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?

The U.S. Equal Employment Opportunity Commission recently issued proposed regulations addressing how the Americans with Disabilities Act applies to corporate wellness programs. These proposed regulations are intended to...more

SEC Invalidates Confidentiality Agreement for Stifling Whistleblowers

Protecting employee rights while also protecting the employer can be a balancing act, but a necessary one in order to maintain a successful and compliant business. One such challenge is maintaining data protection and...more

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

Wellness Watch: Guidance Is (Almost) Here

In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more

Cybersecurity Workforce Measures Present Business Opportunities

As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a...more

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook....more

Executive Labor Summary - April/May 2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

EEOC Endorses Incentives To Employees For Participation In Qualified Wellness Programs

On April 20, 2015, the United States Equal Employment Opportunity Commission (“EEOC”) issued proposed guidance concerning employer wellness programs. The proposed rule would amend the EEOC’s regulations and interpretive...more

EEOC Issues Proposed Regulations Clarifying Parameters of Employee Wellness Programs

What you need to know: The EEOC recently issued proposed regulations and guidance describing how the Americans With Disabilities Act applies to employer-sponsored wellness programs. The proposed changes clarify the...more

John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action  [Video]

BakerHostetler attorney John Lewis joins Colin O'Keefe to discuss the social media to notify potential plaintiffs in a class action lawsuit filed against Gawker Media....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 Montana Law Protects Employee Social Media Accounts

On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more

EEOC Issues Proposed ADA Regulations Regarding Wellness Programs

The regulations are a win for employers, but there is still important work to be done during the comment period. On April 17, the Equal Employment Opportunity Commission (EEOC) released proposed regulations under the...more

Wellness Programs Alive and Well?

The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations under the Americans with Disabilities Act (ADA) regarding employer-provided wellness programs that were published in the Federal Register on...more

EEOC Publishes Proposed Rule on How the ADA Applies to Employer Wellness Programs

Many employers offer corporate wellness programs to promote healthier lifestyles, prevent disease and reduce healthcare costs. These wellness programs may include, for example, nutrition classes, on-site exercise facilities,...more

Are Employee Wellness Programs OK Under the ADA? EEOC Says Yes, But...

Until recently, businesses looking to make sure that their employee wellness programs comply with the ADA were without much help from the EEOC—besides a series of surprisingly unhelpful opinion letters and a one-sentence...more

Locke Lord QuickStudy: EEOC Proposes Rule Addressing Incentives in Employee Wellness Programs

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long-awaited proposed rule and supplemental guidance addressing employers’ use of incentives to encourage participation in employee wellness...more

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