Civil Rights Privacy

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Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard...more

EEOC’s Proposed Rule on Employee Health Wellness Programs

On June 19, 2015, public comments were submitted for the EEOC’s much anticipated proposed rule to amend the Title I of the ADA to clarify how the statute applies to certain employee health wellness programs. The EEOC’s stated...more

Employers, You’ll Never Pooh-Pooh The GINA Again.

On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail...more

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

The “Number Two” Reason on How to Avoid GINA Liability

It’s not often that it comes up, but at a recent presentation, I discussed the implications of the Genetic Information Nondiscrimination Act, 2008––“GINA”––with the audience. A slight digression is necessary: GINA, a...more

New Jersey Supreme Court Confirms Aspiring Whistleblowers Can’t Help Themselves to Confidential Documents

In a pivotal decision with broad implications for aspiring New Jersey whistleblowers, yesterday the New Jersey Supreme Court affirmed the Appellate Division’s finding that no qualified privilege exists to protect an employee...more

Prepare for the July 1 SaVE Act Deadline

By July 1, 2015, all higher education institutions must be in full compliance with the Campus Sexual Violence Elimination (SaVE) Act amendments to the Clery Act, per the final regulations issued last October. See 34 C.F.R....more

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

EEOC Guidance: Redesigning Wellness Programs to Comply with the ADA

Although the Equal Employment Opportunity Commission (EEOC) has been actively taking legal action against employers over wellness programs that it considers coercive under the Americans with Disabilities Act (ADA), companies...more

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

BREAKING: NYC "Bans the Box," Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly...more

EEOC Issues Proposed Wellness Programs Rules under the ADA – Is Your Employer-Sponsored Wellness Program “Voluntary”?

Wellness programs are becoming more popular among employers as a way to promote healthy lifestyles for their employees. Most employers are aware that their wellness programs must comply with the nondiscrimination rules under...more

Sometimes You Just Cannot Make This Stuff Up

Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised. We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

EEOC Issues Notice of Proposed Rulemaking on Interplay Between ADA and Employee Wellness Programs

Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their...more

Employers Must Use New FMLA Forms from U.S. Dept of Labor

On May 27, the U.S. Department of Labor (DOL) published updated model Family and Medical Leave Act (FMLA) notices and certification forms. Copies of the updated forms, which should be used through May 31, 2018, are available...more

Senn on 10 Best Practices in a Cross-Border Investigation – Part II

Today I conclude a two-part series on how to formulate an effective best practices cross-border investigation based upon an interview I did with Mara Senn, a partner at Arnold & Porter LLP, who specializes in white collar...more

EEOC Issues Proposed Regulations on Employee Wellness Programs

In the past year, the U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against certain employers challenging the legality of their “wellness programs.” Wellness programs provide incentives to employees...more

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more

N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check Theory Under FCRA

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical disclosure and consent...more

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

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