Privacy Labor & Employment Civil Rights

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Exploring the Employment Law Implications of a ‘Brexit’

On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more

Employment Law Navigator – Week in Review: April 2016 #4

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

How Much Data is Too Much for Employers?

Data is everywhere. There are 11 billion devices connected to the Internet and the number is growing. All of these devices create, share, and use vast amounts of data, some of which can be used to make business decisions...more

Seyfarth Submits Comments to EEOC Regarding Proposed Pay Data Collection under EEO-1 Report

Seyfarth Synopsis in a Second: Seyfarth Shaw submitted comments on behalf of the U.S. Chamber of Commerce and standalone comments on behalf of the Firm and its clients responding to the EEOC’s proposal to mandate that...more

Labour and Employment Criminal Background Checks

In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, including criminal...more

ICYMI: Financial Services Risk Summit

On March 3, 2016, the BakerHostetler Financial Services industry team held its inaugural Financial Services Risk Summit. The speakers and panels addressed several key areas affecting the financial services sector: regulatory...more

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

Social Media-Based Screening and FCRA

By now, most employers are familiar with the requirements of the Fair Credit Reporting Act (FCRA) and understand how it impacts background checks and applicant screening. In short, FCRA says that if an employer uses a third...more

Mixing Employee Surveillance and Big Data

No doubt, this is big data’s time. Businesses have begun to make decisions based on data and data analytics, rather than relying on gut instincts or business acumen. Data-driven business has proven to be successful, but we...more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Preserving Confidentiality in EEOC Proceedings

Once upon a time, an employer could respond to an EEOC Charge of Discrimination and include all manner of responsive documents, secure in the knowledge that the Charging Party would never see the position statement, including...more

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements...

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more

Hot Topics in Employment Law Seminar

On March 4, 2016, the Miles & Stockbridge Labor, Employment, Benefits & Immigration group presented its fourteenth annual Hot Topics in Employment Law seminar to an audience of over three hundred clients and members of the...more

Barbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

On January 12, 2016, the European Court of Human Rights ("ECtHR") delivered a judgement in Barbulescu v. Romania regarding the employers' right to access their employees' private communication. Following the judgement, a...more

Highlights from the SEC Speaks — 2016 Enforcement Priorities

Senior members of the Securities and Exchange Commission’s (“SEC” or “Commission”) Division of Enforcement (“Division”) addressed the defense bar on February 19, 2016, during the Practising Law Institute’s annual “SEC Speaks”...more

SuperVision Today - March 2016

Notes from the Chair and Executive Editor - Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group. Our clients in West Virginia certainly are...more

Swipe Left to Avoid Liability: Policing Dating Apps in the Workplace

According to a 2015 survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet....more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a...more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

Department of Homeland Security & Cyber Governance: It Starts at the Top

The U.S. Department of Homeland Security’s (DHS) top privacy official said today that a “clear mandate” from top management is the foundation of an organization’s ability to establish and implement an effective data security...more

Employment Law Letter - Winter 2016

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

What GCs Need to Know About HR Technology

Imagine that your General Counsel asks you for a very brief overview of what she needs to know - and worry about - related to HR technology and HR data management. If your GC is like most we know, she has way too much on her...more

No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

Do employers have the right to read employees’ private emails?

A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. Is that correct and does this...more

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