Privacy Communications & Media Labor & Employment

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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

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

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

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

NLRB Extends Its Email Rule to the Health Care Workplace

The National Labor Relations Board (Board) continues its scrutiny of employer policies—this time striking down an email policy designed to ensure that health care employees provide patient care without distraction. UPMC, 362...more

Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Maine Cannot Ask Employees for Access to Social Media

Social media privacy legislation has seen a dramatic increase in interest in state legislatures recently. In 2015 alone, at least 23 states have introduced or considered measures to restrict employers’ ability to track,...more

Maine Enacts Social Media Protections for Applicants and Employees

Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not...more

Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the...more

Can You Videotape Someone Else’s Conversation?

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

Maine joins the mainstream with new social media law

Joining more than 20 other states, and many of its sister states in the Northeast, Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media...more

Delaware Adds to Growing Patchwork of Social Media Laws

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

An Apple A Day Keeps Employers Awake

Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more

Montana Is 20th State To Restrict Employer Access To Personal Social Media Accounts

Recently, Montana became the 20th state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring or...more

Popular Cybersecurity Reads on JD Supra

From latest data breach laws to cyber liability insurance to the FTC's consumer data safety guidance ... a recap of popular cybersecurity reads on JD Supra during the second half of July 2015....more

HR Has More Important Things To Do

On Tuesday, Salon published an article titled “5 Ways Corporate HR Departments Monitor Your Movements – Even When You’re Not Working.” Because we’re always interested in the subject of employee monitoring, we eagerly clicked...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Demanding Access To Social Media And Personal Information - Is It Legal?

Employers, both public and private, are using social media websites such as Facebook, Twitter, Instagram, and LinkedIn, to learn about prospective or current employees. Some employers have even gone so far as to request that...more

Top Five Social Media Tips for Employers

With new social media apps and platforms arriving seemingly daily, and employees spending increasing amounts of time on social media, employers are well advised to consider the potential ramifications for the workplace. Here...more

Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices....more

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