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Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

Week in Review

Technology's impact on privacy took center stage in news headlines this week. The New York Times and National Public Radio (NPR) both reported on alternative software tools to track employees in the workplace - one tool...more

Employer's Electronic Communication Policy Negates Expectation of Privacy in Employee's Work Computer

Adding its voice to the growing body of cases illustrating the importance of electronic communications policies, a federal court in Virginia ruled earlier this year that an employee had no reasonable expectation of privacy in...more

The Affordable Care Act – Where are We Now

With the passing of the March 31st deadline for the initial open-enrollment under the Affordable Care Act (“ACA” or “ObamaCare”), the resignation of Health and Human Services (HHS) Secretary Kathleen Sebelius, and the...more

Can A GPS Result In TMI?

The answer is “yes” – tracking employees by using Global Positioning Systems (GPS) can give an employer too much information (TMI). Surreptitious Surveillance In 2012, the U.S. Supreme Court held (in the case of U.S....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

Illinois Supreme Court Strikes Down Illinois Eavesdropping Act's Two-Party Consent Provision

Under the Illinois Eavesdropping Act, a person committed a felony when he or she knowingly recorded an individual without that individual's consent, regardless of whether it was reasonable for the individual to have an...more

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. ...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014....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

Employee Fired For Facebook Rant Doesn't Like Status

There’s no doubt about it – Facebook is the 21st Century water cooler. Workers who used to gather in the break room to talk about the latest sports news, the newest outrageous celebrity scandal, or the latest office gossip...more

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

Supreme Court of Canada Upholds Union’s Right to Freedom of Expression

As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s...more

The Supreme Court of Canada Rules that a Union’s Freedom of Expression on a Picket Line Trumps Individual Privacy

On November 15, 2013, the Supreme Court of Canada issued its decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62. In a unanimous decision, the Court ruled...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 Privacy Law Update: PIPA Declared Invalid

In the case of Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, released last Friday, the Supreme Court of Canada has declared the Alberta Personal Information...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

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...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

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

New York Court of Appeals Approves Warrantless GPS Tracking of Government Employees

On June 27, 2013, a divided New York Court of Appeals held in Cunningham v. New York State Dept. of Labor, that the state can use GPS tracking to monitor its employees during working hours without a warrant....more

Supreme Court Strikes Down Defense of Marriage Act (DOMA) Provision

The Supreme Court of the United States announced on June 26, 2013 a landmark decision that will have far-reaching implications for employers across the country. In United States v. Windsor, the Supreme Court invalidated a...more

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