Labor & Employment Law, Privacy

"Pottygate" - Illegal Bathroom Videotaping of Female Employees Defended by Finish Line, Inc.

by Audet & Partners, LLP on 5/23/2013

A Milpitas, California location of athletic retailer Finish Line, Inc. was found to have conducted clandestine videotaping of female employees in the store bathroom for a period of several months between 2009 and 2010. When...more

Washington State Joins Trend of New Social Media Laws

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 5/23/2013

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

BYOD Trends and Best Practices: Part 3 of It's 2013. Do You Know Where Your BYOD Policies Are?

by David Johnson, Joshua B. Konvisser | Pillsbury Global Sourcing Practice on 5/21/2013

In Part 3 of "It's 2013. Do You Know Where Your BYOD Policies Are?" we will address developing BYOD trends and best practices. Please check out Part 1 and 2 of this 3-part series addressing employee and employer concerns,...more

Health Care Reform Update -- May 20th, 2013

by Joseph P. Hammang, Alexander Hecht, Abby Matousek, Jeremy Rabinovitz | Mintz Levin - Health Law on 5/21/2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups...more

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 5/20/2013

On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more

New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013

by Thomas J. Flaherty, Rebecca Roche | Littler on 5/20/2013

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The...more

Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal...

by Dale Deitchler, Susan Fitzke, Rod Fliegel, Jennifer Mora | Littler on 5/19/2013

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may...more

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

by Adam S. Forman, David G. King | Miller Canfield on 5/17/2013

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media....more

Whose Social Media Account Is It, Anyway?

by Odia Kagan | Pepper Hamilton LLP on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond

by Katharine O. Beattie, Patricia Moran | Mintz Levin - Health Law on 5/15/2013

The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Employers – Are You Updating Your HIPAA Documents?

by Jewelie Grape | Leonard, Street and Deinard - Employee... on 5/15/2013

The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. ...more

Data Breach - Your Organization Needs a Plan

by Nicole Reimann | Schnader Harrison Segal & Lewis LLP on 5/15/2013

The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005,1 including these three: - A worker steals customer records containing credit card, bank...more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

Employer BYOD Concerns: Part 2 of It's 2013. Do You Know Where Your BYOD Policies Are?

by David Johnson, Joshua B. Konvisser | Pillsbury Global Sourcing Practice on 5/14/2013

In Part 2 of "It's 2013. Do You Know Where Your BYOD Policies Are?" we will discuss employer BYOD concerns. Check out Part 1 to learn more about employee interests; Part 3 will present developing trends and suggest best...more

Legislative Update: Social Media Account Protection and Paid FMLA?

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/14/2013

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

NJ Gov. Vetoes Employer Facebook Password Request Ban

by Aaron Kase | Lawyers.com on 5/10/2013

New Jersey Gov. Chris Christie on Thursday vetoed a law passed by the legislature that would ban employers from asking for the social media passwords of workers and applicants. Christie said that he would sign the bill if it...more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

by Julie Levinson Werner | Lowenstein Sandler LLP on 5/9/2013

Mandatory Sick Leave Coming to New York City - Businesses with 20 or more employees will be required to provide paid sick time to their workers, if legislation before the New York City Council is passed. Although Mayor...more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

by Mark Diana, Christopher Elko, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/8/2013

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

It's 2013. Do You Know Where Your BYOD Policies Are?

by David Johnson, Joshua B. Konvisser | Pillsbury Global Sourcing Practice on 5/7/2013

Imagine you grab your phone only to find it locked, with all of your applications, pictures, and contacts permanently deleted. Imagine your employer's IT department remote-wiped your phone because they mistakenly believed it...more

Utah Employment Law Letter - May 2013: Legislation: Utah’s new privacy law: Don’t ask employees for their passwords

by Kirton McConkie PC on 5/7/2013

Utah lawmakers recently passed the Internet Employment Privacy Act (IEPA), joining at least six other states in prohibiting employers from requiring employees or job applicants to disclose their passwords or user names for...more

Who Owns an Employee’s LinkedIn Account?

by John Martin | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

by Philip Gordon, William Simmons, Amber Spataro | Littler on 5/3/2013

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

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Labor & Employment Law › Privacy