News & Analysis as of

Employer Liability Issues Right to Privacy

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Kennedys

What one court giveth, a brother court taketh away: Thermoflex and 3 policy exclusions in the context of BIPA

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In Citizens Ins. Co. of Amer. v. Thermoflex Waukegan, LLC no. 20-05980 (N.D. Ill. Mar. 1, 2022), the United States District Court for the Northern District of Illinois rejected the application of three separate general...more

Proskauer - Law and the Workplace

Louisiana Supreme Court Holds The Employment-At-Will Doctrine Dictates That Private Employers May Mandate Employees Get Vaccinated

On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more

Verrill

Flu Season is Coming, but Can I Require My Employees to Vaccinate?

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As flu season approaches, employers are searching for answers on how to deal with viruses spreading throughout the workplace. The question is, “Can I mandate employees receive the flu vaccine?” Are there standards in place?...more

Sheppard Mullin Richter & Hampton LLP

Not Today Corona: EEOC Bans Employer Antibody Screenings

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”)....more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Proskauer - Law and the Workplace

The Employment Law Landscape in 2020

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

K&L Gates LLP

Employee Video Surveillance: Position of the European Court of Human Rights

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On October 17, 2019, the European Court of Human Rights (ECHR) approved the installation of a Closed-Circuit Television (“CCTV”) surveillance system which was used to monitor supermarket cashiers without informing those...more

Foley & Lardner LLP

Marijuana is Now Legal in My State, but Is It a ‘Lawful Product?’

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The trend of states legalizing both medical and recreational marijuana use continues to gain momentum. Unfortunately for employers, this also means having to wade through an ever-growing patchwork of marijuana laws across the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Legalized Cannabis in Illinois: What Employers Need to Know

On May 29, 2019, the Illinois Senate passed Illinois House Bill (HB) 1438, which will legalize recreational marijuana in the state. This bill, known as the “Cannabis Regulation and Tax Act,” is expected to be signed into law...more

Mintz - Employment Viewpoints

Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers...more

Seyfarth Shaw LLP

Somebody’s Watching Me: Considerations in Employee GPS Monitoring

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Seyfarth Synopsis: When choosing a GPS location tracking app, California employers must consider several factors to see if the app unduly infringes on employee privacy. Let some references to popular music be your guide....more

Latham & Watkins LLP

Implicaciones Laborales en la Nueva Ley de Protección de Datos y Derechos Digitales

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La Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos y Garantía de Derechos Digitales incluye novedades importantes desde una perspectiva laboral. PRINCIPALES NOVEDADES - ..Derecho a la Desconexión Digital...more

Latham & Watkins LLP

Spanish Data Protection and Digital Rights Law Secures Employees’ Right to Privacy

Latham & Watkins LLP on

The Spanish Digital Rights Act includes new rights and monitoring developments relevant to both employers and employees. KEY FOCUS AREAS - ..Digital disconnection rights ..Employees’ and employers’ rights relating to the...more

Womble Bond Dickinson

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!

Womble Bond Dickinson on

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more

Fisher Phillips

Collection of Biometric Data Raises Privacy Concerns for Employees and Compliance Issues for Employers

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Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of...more

Faegre Drinker Biddle & Reath LLP

Covert Surveillance at Work: A Breach of the Right to Privacy

In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more

Orrick, Herrington & Sutcliffe LLP

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Hogan Lovells

Employment News - September 2017

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Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

Orrick - Employment Law and Litigation

Germany: Employee Monitoring by Keylogger Permitted Only in Exceptional Cases

According to a recent decision of the German Federal Labor Court (Bundesarbeitsgericht – BAG), the use of a keylogger software, which records all keyboard entries on a workplace computer for covert monitoring and control of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Fisher Phillips

Looking Over Your Employees' Shoulders

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As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Dorsey & Whitney LLP

Quirky Question #251, Naming Names in SEC Filings?

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Question: Our publicly traded company must file a disclosure with the SEC, and we’re trying to determine what information to include regarding recent charges of discrimination that former employees have filed with the...more

Sherman & Howard L.L.C.

No Names Please

When you file SEC reports, do you report litigation risks? Do you name employees involved? An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the...more

Mintz

A Disturbing Picture

Mintz on

It’s 2:30 in the afternoon. Trying to fight off midday malaise, you head for the break room. As you walk down the hall, you grow uncomfortable when you notice the stares of your co-workers. Your friend Colleen grabs you...more

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