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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

Phishing Attacks Target University Employee Payroll Information

In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more

How to Respond to FOIA Requests For Overall Teacher Summative Ratings?

It has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level summative ratings of all...more

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the...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

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...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

Update on Social Media Legislation in Maine

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...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

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

Job Interviews in Germany: No Right to ask Applicants about Preliminary Investigations by Public Prosecution Office

The German Federal Labor Court (Bundesarbeitsgericht) recently passed a decision (BAG, November 11, 2012 – 6 AZR 339/11) that dealt with an “evergreen” of German labor law: What questions employers may ask in interviews with...more

Higher Education Highlights - Spring 2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

Harvard's Secret E-Mail Search: The Intersection of Internal Investigations and Digital Privacy

Earlier this week, Harvard University acknowledged the fact that, in the wake of last summer’s cheating scandal that rocked the campus, it had secretly searched the e-mail accounts of 16 Resident Deans. The e-mail search was...more

Will Oregon's Manufacturing Employers Be Prohibited From Demanding Social Networking Login Passwords from Job Applicants?

Senate Bill 499, introduced by three Oregon Senators on February 7, 2013, would prohibit employers and universities, both public and private, from requiring applicants to turn over passwords to their personal social...more

New State Laws Prohibit Employers and Academic Institutions from Requesting Usernames and Passwords to Monitor Social Media...

An increasing number of states are passing laws that prohibit employers and academic institutions from requesting or requiring employees, job applicants, students, and prospective students to turn over their social media...more

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect...more

Michigan’s Internet Privacy Protection Act

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

Focus on Employment and Labour, October 2012 - Canada's Highest Court Rules on Employee Privacy Rights over Work Computer

In this issue of Focus on Employment and Labour, FMC's Andrea Raso Amer and Eric Sherbine present their article "Canada's Highest Court Rules on Employee Privacy Rights over Work Computer". Canada's Highest Court Rules...more

Extra Password Protection For Employees and College Students Thanks to AB 1844 and SB 1349

Two bills were recently chaptered the provide employees and college students protection from the prying eyes of employers and college admissions....more

New Laws Prohibit Employers And Colleges From Requesting Social Media Passwords

AB 1844 - AB 1844 adds a new provision to the Labor Code that prohibits an employer from requiring an employee or applicant for employment to (1) disclose his or her username or password for the purpose of accessing...more

No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January...more

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