Science, Computers & Technology Labor & Employment

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German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized...more

Setback for EU-US Privacy Shield – How to Safely Get HR Data Across the Pond

After the Court of Justice of the European Union declared the EU-U.S. Safe Harbor Framework invalid in October 2015, multinational companies with employees in the EU are facing the question how to legally transfer personal...more

New ACA, et. al. FAQs Cover Items From “Top” to “Bottom”

On April 20, the “Big Three” agencies (DOL, Treasury/IRS, and HHS) released another set of FAQs (the 31st, for those of you counting at home). Consistent with earlier FAQs, the new FAQs cover a broad range of items under the...more

New OPT STEM Rule Extends Employment Period for Foreign Students; Imposes New Obligations on Employers

The Department of Homeland Security (DHS) has published a revised rule which allows foreign students with degrees in science, technology, engineering, and math (STEM) to extend their 1-year period of Optional Practical...more

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

Cybersecurity and Employee Benefit Plan Fiduciary Duties: Going Beyond HIPAA

It seems as though we hear about new cybersecurity issues every day — from traditional hacking incidents to the increasingly sophisticated phishing, malicious apps and websites, social engineering, and ransomware attacks. ...more

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge...more

Employment Law Navigator – Week in Review: April 2016 #4

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

A Month in UK Employment Law - April 2016

News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more

Wearables at work: Data privacy and employment law implications

Wearable devices' - such as fitness trackers, wristbands, access cards - are an increasingly popular technology. Market researchers have estimated that some 21 million wearable devices were sold in 2014 (The Economist,14...more

Recent Changes to EU Employee Data Protection – Two Years to Comply with New Requirements

Employee Data Protection in the EU is subject to major changes, notable to multinational companies with employees in the EU. A few days ago, after 4 years of negotiation, the European Parliament adopted the General Data...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Legislative Session in Recess Until April 29 - In late night sessions ending at 2:30...more

Negotiating Cybersecurity Contractual Protections for Retirement Plans

The ERISA Advisory Council1 recently announced that, as part of its goals for 2016, it will be focusing on cybersecurity issues affecting retirement plans and, in particular, the extent to which such issues relate to...more

Technological and Information Concerns Highlight NAIC Spring 2016 National Meeting

The National Association of Insurance Commissioners (NAIC) Spring 2016 National Meeting, which was held from April 3 – 6 in New Orleans, offered insight into numerous issues being considered by state commissioners nationwide....more

Employment Law Navigator – Week in Review: April 2016 #3

Equal Pay Day was last Tuesday. Commentators and media outlets covered the current status of the gender wage gap and the efforts to eliminate it. The Washington Post reported on the controversy surrounding the...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...more

How Much Data is Too Much for Employers?

Data is everywhere. There are 11 billion devices connected to the Internet and the number is growing. All of these devices create, share, and use vast amounts of data, some of which can be used to make business decisions...more

More Guidelines on Data Privacy Compliant Use and Monitoring of Internet and Emails in the Workplace in Germany

Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee’s consent. Orrick’s German employment team published a client newsletter about this...more

Experian handling 70 breaches a week resulting from IRS phishing scam

On March 1, 2016, the Internal Revenue Service alerted the business community of an e-mail phishing scheme designed to convince employees to provide company-wide W-2 tax forms containing social security numbers and other...more

Record Fine, Possible “Death Sentence” for Alleged Lifeline Violations Proposed by FCC

On April 7, the FCC issued a Notice of Apparent Liability (“NAL”) against a wireless Lifeline provider, Total Call Mobile, Inc. (“Total Call”). An investigation conducted by the Universal Service Administrative Company...more

Employment Law Navigator – Week in Review: April 2016 #2

That is SO last week - A couple of months ago, ride sharing app Lyft announced it had reached a settlement with drivers that would keep them classified as independent contractors, but pay them more than $12 million to...more

Russia's New Personal Data Localization Requirements

Employers in Russia and companies doing business in Russia should be prepared to comply with recently enacted requirements governing storage and processing of the personal data of Russian citizens, which are designed to...more

Caution Ahead: Illinois’ Biometric Information Privacy Act Puts Companies in the Crosshairs

Although healthcare entities are exempt from BIPA’s requirements because of HIPAA, they are likely next in line for lawsuits because of their rapid adoption of biometric authentication measures for employees and contractors....more

Benefits of using thin and zero client’s vs desktop PC’s

What are “thin clients” and their close cousins “zero client devices”? You probably have a desktop computer or laptop computer at work and all the software you use is installed on that computer. Although your data is...more

USCIS Announces FY 2017 H-1B Visa Cap Reached

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

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