News & Analysis as of September 20, 2024

Passwords

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Cybersabotage: The Hot Tactic Of Today's Disgruntled Employee

Constangy, Brooks, Smith & Prophete, LLP on 8/24/2018

Workplace vandalism is so . . . brick and mortar. An employer recently posted a vacant job online. Some people applied for the jobs, and some of them were African-American women. ...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

Butler Snow LLP on 9/10/2014

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2014

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

New Jersey Social Media Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/29/2013

Remember that on December 1, 2013, New Jersey’s social media privacy bill (A2878) becomes law. This law (detailed in the September 2013 issue of the New Jersey eAuthority) bars employers from requiring or requesting that any...more

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws

Littler on 7/2/2013

The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

Proskauer Rose LLP on 6/27/2013

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

Colorado Legislative Wrap-Up

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/20/2013

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

Nevada: Inquiring About Personal Social Media Will Be Illegal

Fisher Phillips on 6/19/2013

Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee...more

Why Can’t We Be “Friends”? Because The Oregon Legislature Says So

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/10/2013

Riding a wave of national news stories about employers forcing applicants or employees to turn over social media passwords as a condition of employment, the Oregon legislature recently passed House Bill 2654....more

Oregon Passes Social Media in the Workplace Law

Littler on 6/10/2013

On May 22, 2013, Oregon Governor John Kitzhaber signed into law House Bill 2654, making Oregon the tenth state to enact a law prohibiting employers from accessing employees' private social media sites. The new law, which...more

As the Dust Settles: Watered-Down Non-Compete Bill Passes; Social Media Password Bill Fails

Pullman & Comley, LLC on 6/7/2013

The dust is still settling from the mad dash that is the end of the Connecticut General Assembly session. ...more

Employment Law -- Jun 05, 2013

Manatt, Phelps & Phillips, LLP on 6/5/2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers

Littler on 6/3/2013

Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more

Facebook Demand Laws: Closing In On Double Digits

Cozen O'Connor on 5/30/2013

What is in a number? In particular, the number 9? Does it mean anything to you, or symbolize anything in particular? Even the most basic research reveals...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Gray Reed on 5/29/2013

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

Proskauer on Privacy on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

Littler on 5/3/2013

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

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

Gray Reed on 4/30/2013

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

Three More States Hop on the Social Media Legislation Bandwagon

Orrick - Employment Law and Litigation on 4/30/2013

Act 1480, signed by Governor Mike Beebe on April 22, 2013, prohibits an Arkansas employer from requiring or requesting a current or prospective employee to (1) disclose his or her username or password for a personal social...more

Arkansas Latest State to Restrict Employer Access to Applicant and Employee Personal Social Media Accounts

Proskauer Rose LLP on 4/24/2013

On April 22, 2013, Arkansas' governor signed H.B. 1901, continuing the national momentum to prohibit employers from requesting or requiring prospective and current employees to disclose their username and password to their...more

New Mexico Prohibits Employers from Requesting or Requiring Access to Prospective Employee Social Networking Accounts

Proskauer Rose LLP on 4/11/2013

On April 5, 2013, New Mexico's governor made it unlawful for an employer to: - request or require that a prospective employee divulge a password allowing access to his or her account or profile on a social networking...more

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2013

On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

Epstein Becker & Green on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

Proskauer Rose LLP on 4/3/2013

On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more

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