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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

Latest Developments from the Connecticut General Assembly: January 29 Public Hearing

As we promised previously, we will be keeping you up to date with developments in the General Assembly. The following is an update as to where we stand on labor and employment related legislation....more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era

On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s...more

Alaska Voters Approve Measure Legalizing Marijuana for Adult Recreational Use

On November 4, 2014, Alaska voters approved a ballot initiative legalizing the recreational use of marijuana for adults aged 21 and over. With passage of the measure, Alaska joined Washington, Oregon, Colorado, and the...more

Congress Passes Cybersecurity Workforce Legislation

The Border Patrol Agent Pay Reform Act of 2014 was passed by the Senate on September 18th, by the House on December 10th, and signed by the President on December 18th. It contains provisions from the Cybersecurity Workforce...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

Is Edward Snowden a Whistleblower?

The Federation of German Scientists (VDW), the International Association of Lawyers against Nuclear Arms (IALANA) and Transparency International bestowed the German Whistleblower Prize upon Edward Snowden, the former National...more

Bill Introduced To Bar New Jersey Public Entities From Entering Into Confidential Settlement Agreements

On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee)...more

Anti-Disclosure Provision In Farm Bill Being Considered

According to the Associated Press, Congress is considering a provision in the farm bill that would prohibit the government from disclosing information about farmers or their employees. The House version of the bill would...more

Here Come the Feds

What President Obama’s second term means for the tech industry - As the first president to appoint a chief technology officer, President Obama has worked hard to portray himself as a friend to the tech industry. He’s...more

Governor Christie Conditionally Vetoes Social Networking Bill; Legislature Responds

The New Jersey Legislature recently passed a social media law, also known as the “Facebook Bill”....more

New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The...more

Legislative Update: Social Media Account Protection and Paid FMLA?

With just a few weeks left in what has turned out to be a very unpredictable legislative session in Connecticut, there are still several bills up for consideration that employers need to be on the look out for. ...more

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

On April 5, 2013, Governor Chris Christie issued a conditional veto of New Jersey’s proposed “Facebook law” (A-2878), which is intended to prohibit employers from inquiring about or otherwise accessing applicants’ and...more

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

What the Pateaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

Recently Enacted Legislation of Interest to California Employers

September 30 was the last day for California Governor Edmund G. Brown, Jr. to sign or veto bills passed by the State Legislature during its 2011-2012 Regular Session. Governor Brown signed several bills of interest to...more

Lawmakers Take Aim At Password Privacy

In 1597, Sir Francis Bacon observed that knowledge is power. It’s hard to argue against that observation, which certainly Password Privacy, Legalis as true today as it was back then. And with today’s social media technology...more

Legislative Update: Minimum Wage Hike, Personnel Files Act and Unemployment Discrimination Bills Fail

The General Assembly finished its business for 2012 last night and although there was a last minute flurry of legislation, several bills that had been tracked by many employers came up short. •Senate Bill 79, which...more

Calif. Assembly OKs Bill To Shield Workers’ Facebook Logins

Originally published in Law360, San Diego (May 10, 2012, 5:00 PM ET) A landmark bill that aims to protect California employees and prospective workers from being asked by a company to turn over their usernames and...more

California Legislation Aims to Protect Personal Social Media Account Access by Employers

In effort to protect employees and prospective employees, the California Legislature is taking steps to prevent an employer’s ability to gain access to their employees’ or prospective employees’ social media accounts. ...more

Legislatures to Employers – Stop Asking for Social Media Login

Employers that require or are contemplating requiring applicants and/or employees to give them access to the employee’s private social media site should take note of the latest developments related to social media and the...more

California Businesses Cannot Let Guard Down

A lot is going on here in the Golden State. Governor Jerry Brown was reelected to a third term (after a hiatus of almost 30 years since the end of his second term), and since that time, California employers have been on edge...more

California Employment Laws Taking Effect In 2012

California is at it again! Over the past few weeks Governor Jerry Brown signed several employment-related bills – some of which require employers of all sizes to update their policies and practices. Some of the new laws, most...more

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