Privacy Labor & Employment Communications & Media

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Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest 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, coercing or...more

Employers’ Thanksgiving Plans Should Include Cyber Monday Prep: Are Your Computer Policies Up to Date?

No online shopping day is bigger than Cyber Monday. According to the National Retail Federation, an estimated 127 million people shopped on Cyber Monday last year—significantly more than the estimated 87 million in-store,...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Disgruntled Former Tribune Company Employee Who Aided Hacking Convicted; Could Face Jail Time

On October 7, 2015, former Tribune Company employee Matthew Keys was convicted of three felonies stemming in part from assistance he provided to the hacking collective Anonymous to alter content on the LA Times’ website. ...more

Employee consent to use of personal data reliable under German law

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Twitter Ordered by Irish Court to Disclose Information about Author of Tweet

Twitter International Company (TIC) in Dublin, Ireland was reportedly ordered by a High Court to disclose data about the source of tweets about a whistleblower. The tweets, which included allegations of insurance fraud, are...more

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

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