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Anti-Bullying Hurdles for the Life Sciences

First Decision for the Fair Work Commission's Anti-Bullying Regime - The Fair Work Commission’s (FWC) Anti-Bullying Regime opened its doors on 1 January 2014. The new Anti-Bullying Regime got off to a leisurely start...more

Social Media – Revise Your Policy If It Says This

If you have a provision similar to the one below in any of your employee agreements, handbooks, etc. or are considering including one, make sure you read the rest of this article....more

Week in Review - March 14, 2014

Week after week, the blogosphere is full of discussions about new developments in the law involving social media. This week, the Equal Employment Opportunity Commission joined the conversation by holding a public meeting to...more

FRANCE: The CNIL adopts new rules on whistleblowing, simplifying significantly hotline implementation in France

In a decision published on February 11, 2014, the French Data Protection Authority (CNIL) has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing....more

Whistleblowing and Data Privacy in France: A New Pragmatic Approach for Employment and Discrimination Claims

The French data protection authority has extended the scope of whistleblowing protections to employment and discrimination claims. ...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union...more

Week in Review - November 27, 2013

Social media and technology seem to be doing more harm than good in the workplace this week. A new study suggests that some employers may be using Facebook profiles to discriminate against job applicants based on legally...more

Watch Out for “Watchdogs”: The N.J. Appellate Division Expressly Expands CEPA Protection To a New Class of Employees

On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary...more

New Jersey Appellate Division Holds “Watchdog Employees” Can Bring CEPA Claims

In Lippman v. Ethicon, Inc., No. A-4318-10T2 (N.J. App. Div., Sept. 4, 2013), the New Jersey Appellate Division held that a pharmaceutical employee hired to be a watchdog—his job was to bring forth issues regarding the safety...more

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

How much do an employer’s obligations to prevent and remedy workplace harassment extend into the virtual world?...more

Don't Ask Me to Be Your Facebook Friend--New Social Media Law in Colorado

Employees reveal a lot of personal information on social media, which opens lively debates about whether and how employers can access that information. A new Colorado statute significantly limits employer's access by making...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace. ...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Sex, E-mail & Privacy – You Have Privacy Rights For As Long As No One Is Interested

On November 15, 2012, the Sexual Orientation and Gender Identity Conference (SOGIC) of the Ontario Bar Association (OBA) held a seminar on “Sexual Orientation & Gender Identity: Managing Personal Privacy and Reputational...more

Labour Notes - November 2012

In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more

Will GINA Be Popular When She Gets a Little Older?

Time Magazine ran a story last week on a company called 23andMe that is seeking FDA approval for a panel of genetic tests that will cost consumers only $299. According to 23andMe’s website, all that’s required to complete...more

Fenwick Employment Brief - July 2012

In This Issue: - U.S. Supreme Court Rules That Pharmaceutical Sales Representatives Qualify For Outside Sales Exemption - Possible Implications For California Employers NEWS BITES: - Taking Time Off Work To...more

Genetic Information Nondiscrimination Act (GINA)

Who, What, Why . . . Who does it apply to: Any employer with 15 or more employees that obtain genetic information (including family history) about an employee. Why should I keep reading – I don’t use genetic...more

Fenwick Employment Brief - September 19, 2011

In this issue: "Me Too" Sexual Harassment Evidence Admissible; NLRB Focused on Employee Social Media Posts; Employers Required To Post Notices Of Labor Rights By November 14; Employee Not Entitled To Reinstatement Rights...more

California Employment Law Notes - May 2011

In This Issue: - State Limitations On Arbitration Agreements Are Preempted By Federal Law: AT&T Mobility v. Concepcion, 563 U.S. ___, 2011 WL 1561956 (2011) - Employee Who Complained Orally About FLSA Violation...more

EEOC Issues Regulations Interpreting The Genetic Information Nondiscrimination Act 2008

On May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008 ("GINA") into law. As many know, advances in medical technology have made it possible to perform genetic tests to...more

EEOC Issues Final GINA Title II Regulations

On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) issued final regulations regarding Title II of the Genetic Information Non-Discrimination Act (GINA). Title II of GINA, which became effective on...more

In an Age of New Technology, Be Wary of 'Textual' Harassment

Welcome to 2010 (i.e., "the future"), where you no longer call someone to ask them out on a date -- you text message them using your cell phone, Blackberry, or other mobile device. And, maybe you couldn't quite tell from...more

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