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Labor & Employment Privacy

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

Review Of Previously Opened Email May Violate SCA

by Jackson Lewis P.C. on

In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more

Employers Litigating PAGA Actions Take Hit From California Supreme Court

by Fisher Phillips on

In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Former Employee Need Not Allege Emails Were Unopened to Assert Claim of Unauthorized Access Under Stored Communications Act

by McGuireWoods LLP on

Earlier this month, a federal court denied an employer’s motion to dismiss a claim that it violated the Stored Communications Act (SCA) by accessing a former employee’s personal emails, concluding that the plaintiff need not...more

Federal Tax Treatment of Employer-Provided Identity Protection Services

In the wake of several recent high-profile security breaches, employers are increasingly viewing identity theft protection as an essential employee benefit for employees. According to Willis Towers Watson’s 2016 voluntary...more

Living in the Clouds: Is Your Business Data at Risk Because of a Disgruntled Employee?

by Baker Donelson on

TheCloud: Good Morning! TheCloud is a leading cloud-based provider, striving to secure your apps, email and confidential data in the cloud. How may we help you today? Mr. Techie: My name is Mr. TechieTechie, I’m the CEO...more

Blog: GDPR – A Guide for Employers

by Cooley LLP on

Who is covered by the General Data Protection Regulation (GDPR)? If a company has EU-based employees whose behaviour it “monitors” it will need to take steps to ensure that it is compliant with the GDPR when it comes into...more

The General Data Protection Regulation (GDPR): action plan for pension scheme trustees

by Hogan Lovells on

The European General Data Protection Regulation (GDPR) will apply directly in the UK from 25 May 2018, and will make some fundamental changes to the current requirements surrounding data protection. Key areas of change...more

Personal data security for pension scheme trustees

by Hogan Lovells on

Cybersecurity and protection of personal data are increasingly to the forefront of concerns for pension trustees. The European General Data Protection Regulation (GDPR), applicable in the UK from 2018, will impose additional...more

The Italian Supreme Court Restricts Employer’s Remote Control of Employees

by Bryan Cave on

The Italian Supreme Court, with its recent decision (No. 22148 of May 8, 2017), restated the main principle of Section 4 of “Workers’ Statute of Rights” (as amended by Section 23 of the Legislative Decree No. 151/2017)...more

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

by Fisher Phillips on

Applicant background reports can be vital tools for employers, especially in the hiring process. However, amendments to the Fair Credit Reporting Act (“FCRA”) significantly increase the rights of applicants and employees to...more

ADA Tip: Remember To Include GINA Safe Harbor Language When Requesting Medical Information For Purposes Of Evaluating An...

by Bryan Cave on

Although employers are generally prohibited from obtaining medical information about their employees, they are permitted to do so in certain circumstances, including when such information is necessary to evaluate a job...more

Amendment To Japan’s Omnibus Data Protection Law Mean New Compliance Requirements For U.S. Multinational Employers With Operations...

by Littler on

Effective May 30, 2017, Japan amended its omnibus data protection law, the Personal Information Protection Act (“PIPA”), to add new compliance requirements that will have an immediate impact on many U.S. multinational...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Geofencing and Geotracking: Navigating Legal and Privacy Concerns for Employers

by Williams Mullen on

The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm...more

“Opening Clauses” and the GDPR – It Might Not Be As Easy As We Thought

by Seyfarth Shaw LLP on

The General Data Protection Regulation is coming, and along with it, a significant expectation of increased harmonization in the privacy rules across the EU. Considering the 60-plus articles which directly impose obligations...more

Training Employees Can Be Key To Avoiding Cyberattacks

by Fox Rothschild LLP on

A massive cyberattack was in the news again last week. This latest ransomware – dubbed “Petya” – crippled consumer product companies, transportation companies, law firms, and many other types of businesses worldwide. It is...more

The European General Data Protection Regulation in the Dutch workplace (Dutch)

by Dentons on

In this publication available in Dutch we discuss the European General Data Protection Regulation (the 'Regulation') that will take effect on 25 May 2018. The Regulation will replace the current European Data Protection...more

The European General Data Protection Regulation in the Dutch workplace

by Dentons on

The European General Data Protection Regulation (the 'Regulation') will take effect on 25 May 2018. The Regulation will replace the current European Data Protection Directive of 1995. The Dutch Data Protection Act (locally...more

Disgruntled Employees and Other Internal Threats to Your Cyber Security

by Baker Donelson on

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more

Organizing Data Privacy Within A Company

by Bryan Cave on

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated...more

Employers May Wish to Update Electronic Access Policies to Assure Access to Employee's Emails with Counsel - New York Appellate...

by Holland & Knight LLP on

In most states, it is fairly clear that attorney-client privilege does not apply to communications between an employee and the employee's personal lawyer if the communications are made using the employer's email system and if...more

Strengthening Data Security Through Human Resources And Information Technology Teamwork

by Jackson Lewis P.C. on

Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance...more

The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use

by Bryan Cave on

The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use. In...more

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more

One Month to Better Investigations and Reporting-Day 10-Best Practices in a Cross-Border Investigation

by Thomas Fox on

Description: Mara Senn and a colleague, Michelle Albert, published in the FCPA Report, Volume 3, Number 1, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the...more

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