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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

Litigation Update – The Electronic Loss of Privilege

The art of communication has changed considerably over the past few years. Rather than in-person or telephonic, the majority of communications in today’s business world are electronically transmitted. Likewise, professional...more

Privacy At Too High A Price Supreme Court Of Canada Rules

The Supreme Court of Canada has just released the much anticipated decision in Information and Privacy Commissioner, et al. v. United Food and Commercial Workers, Local 401. The case is also known as the Palace Casino case....more

Alberta’s Personal Information Protection Act Violates Charter

The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual’s right to control their information in a public setting, striking down the...more

Employment Law -- Oct 23, 2013

In California, Arbitration Agreement Valid Despite Lack of Rules - Why it matters: California employers scored a victory with the Peng decision, with the court making clear that a procedural error in failing to include...more

Plaintiff Entitled To Employer’s Customers’ Addresses, District Of New Jersey Holds

In Griff v. GalaxE Solutions, Inc., 2013 WL 2242656 (D.N.J. May 21, 2013), the New Jersey District Court rejected an employer’s attempt to withhold disclosure to the plaintiff of the business addresses of several of its...more

The EEOC’s Latest Investigative Tactic: Trolling for Evidence Through Employee Email Blasts

In an unprecedented move, the United States Equal Employment Opportunity Commission (“EEOC”) recently dispatched 1,330 emails to the work and personal email addresses of current and former employees and managers of Case New...more

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

HIPAA Violation Results in $1.44 Million Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and...more

Week in Review - August 1, 2013

Some people spend more time with their smartphones than with their friends. This attachment to technology has a number of implications, and not just for a person’s social life. This week the Fifth Circuit Court of Appeals...more

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Supreme Court Speaks On Random Alcohol Testing

The Supreme Court of Canada has released its decision in a much-anticipated case about random alcohol testing in the workplace. In a split decision, a majority of the Court decided that a policy requiring employees in a New...more

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

Irving Pulp & Paper Ltd.: The Supreme Court rules on workplace drug and alcohol testing

In its decision in C.E.P., Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a divided Supreme Court has ruled for the first time on the issue of drug and alcohol testing in unionized workplaces....more

SCC Rules On Random Alcohol Testing At Pulp And Paper Mill

On June 14, 2013, the Supreme Court of Canada released its highly anticipated decision in Communications, Energy and Paperworkers Union of Canada, Local 30, v. Irving Pulp & Paper, Ltd., 2013 SCC 34....more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

Fenwick Employment Brief - May 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

California Employment Law Notes - May 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

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