Privacy Labor & Employment Civil Procedure

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Texas Supreme Court weekly orders (11/14)

In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more

Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses...more

Northern District of Illinois Declines To Restrict Defense Counsel’s Communications With Putative Class Members

The Northern District of Illinois refused to restrict a defense counsel’s communications with putative class members, reasoning that the communications were not misleading or coercive. The case arose when a “romantic...more

Are You Monitoring Your French Employees? Make Sure You Have Registered That Activity with the CNIL!

French employers must declare monitoring to the French Data Protection Authority (CNIL) in advance if they want to use evidence obtained from that monitoring in court. The use of the employee’s company mailbox for personal...more

Assembly Bill 802 Makes Arbitration Less Confidential

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 802 (AB 802) into law, amending Section 1281.96 of the Code of Civil Procedure, relating to consumer arbitration....more

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use

An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more

Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual...

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time...more

Trends in New Jersey Employment Law - July 2014

In recent weeks, New Jersey's primary whistleblower statute—the Conscientious Employee Protection Act ("CEPA")—has been the subject of increased judicial scrutiny....more

You Posted My Medical Information on Facebook?!?!?

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable...more

Appointment of a Data Protection Officer in Germany: You Wanna Avoid Trouble? Then Make Sure You Appoint the Right Person!

Data protection law is on the rise. Courts as well as local authorities become increasingly sensitive to the misuse of any individual’s personal data that applicable statutory provisions in Germany, such as the Federal Data...more

LAG Schleswig-Holstein: Kündigung wegen ausschweifender Internetnutzung trotz 21 Jahren im Betrieb ohne Abmahnung möglich

Einem Arbeitnehmer, der ohne Erlaubnis während der Arbeitszeit den vom Arbeitgeber zur Verfügung gestellten Computer exzessiv für privates ‘Surfen nutzt, kann auch ohne Abmahnung gekündigt werden. Dem stand in einer aktuellen...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the...more

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Case Alert: Covert recordings of private discussions at disciplinary and grievance hearings could be admissible evidence

What happened? In Punjab National Bank (International) Ltd and others v Gosain, the EAT decided that covert recordings made by an employee of public and private discussions at her disciplinary and grievance hearings...more

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,...more

Ninth Circuit Rules Against Spokeo on FCRA Claim

On February 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act (the...more

BYOD Lessons From Jersey's Bridge Scandal

So, have you implemented a Bring Your Own Device policy yet? If not (and your employees are using their personal devices for business purposes), your organization may be at risk....more

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You in Employment Litigation?

Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system? A company’s defense in an employment lawsuit can be...more

95 Results
|
View per page
Page: of 4

Follow Privacy Updates on: