Privacy Labor & Employment

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March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the...more

Japan Legal Update - Volume 23 | March 2017

On January 20, 2017, Japan's Ministry of Health, Labour and Welfare issued the "Guidelines for Employers to Appropriately Manage Their Employees' Working Hours" ("Guidelines"). While the Guidelines basically follow the...more

Workplace Investigations and Privacy of Electronic Communications

The situation is common enough: an employee is alleged to have engaged in misconduct and, as part of its investigation, the employer decides to search the employee’s company-issued computer for any relevant documents and...more

Employment Law Briefing

LIKELY BREXIT IMPACT - Potentially, the biggest driver for change to UK employment law over the next few years could be Brexit. This is because a significant portion of UK employment law is derived from EU directives....more

California Supreme Court Rules Public Employees Personal Email Accounts are Subject to California Public Records Act

Earlier this month, the California Supreme Court issued an important ruling regarding the California Public Records Act (“CPRA”) (Govt. Code §6250 et seq.) and held that writings of a public employee may be subject to the...more

Legal Issues Business Leaders Need to Know in 2017

Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United States Department of Labor issued its long-awaited final rule regarding the...more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC....more

European Labour & Employment Update - March 2017

New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more

France: Employees and Digital Devices Outside Working Hours, European Labour & Employment Update

New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more

Avoiding Employee Data Breaches Has Nothing to Do With Luck .....

You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

House Bill Would Allow Employers to Require and Access Genetic Testing Results

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more

Who Needs to Know?

Personnel issues generate great stories. The work that HR professionals, in-house counsel, and employment lawyers do is full of human drama and often very interesting. It’s natural for people to want to know what’s behind...more

Are Your Federal Contractor Employees Required To Have Privacy Training?

The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees...more

Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more

Top Trends in Business Law that You Need to Know for 2017

Macy’s and Kmart are each closing a Lansing, Michigan location – but did you know that in general, retail spending is up? It’s easier than ever to collect customer data, but business owners beware: you need to...more

China’s New Cyber Security Law Goes into Effect June 1, 2017

China’s new cyber security law (Law) could have far-reaching impacts for companies that do business there. The Law goes into effect on June 1, 2017. As is typical of legislation passed by the Standing Committee of the...more

The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

“W-2 Phishing Attacks Targeting Businesses to Cash in on Busy Tax Season: 10 Tips to Protect Your Business”

Cyber criminals are taking advantage of tax season to lure valuable W-2 information from vulnerable businesses. An example of a common phishing scheme starts with a scammer posing as a legitimate employee of a company,...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

Cybersecurity, A-Z: B is for BYOD

BYOD, or “Bring Your Own Device,” is an umbrella term for policies that employers have concerning your smart phone, tablet, or laptop. Essentially, the questions that BYOD policies seek to answer are these: (1) Who owns...more

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

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Cybersecurity

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