News & Analysis as of September 20, 2024

Hiring & Firing › 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 -

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

E-Verify Changes and Reminders

Burr & Forman on 12/19/2018

Employers who use E-Verify to confirm their employees are eligible to work in the United States will be required to reset their E-Verify password, security questions, and answers when they log in to the system on or after...more

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

Don’t Let Technology Run Away With Your Customer Information

Payne & Fears on 7/11/2018

For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

Are You Doing Enough to Protect Your Company's Secrets?

Fisher Phillips on 10/19/2017

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...more

Littler Global Guide - Philippines - Q1 2017

Littler on 5/26/2017

Persons With Disabilities May Now Be Declared as Dependents for Tax Purposes - Enacted Legislation - Republic Act No. 10754, enacted on March 23, 2016 and effective on December 23, 2016, expanded the benefits of...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Shaw LLP on 12/1/2016

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

California Employment Law Notes - July 2016

Proskauer - California Employment Law on 7/14/2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Let’s be “Friends” – Should I “Friend” My Employees? And Other Questions Raised by the Internet Privacy Protection Act

Spilman Thomas & Battle, PLLC on 6/10/2016

On the last day of the 2016 Regular Session, the West Virginia Legislature passed a bill that will require all West Virginia employers to evaluate their social media policies and practices. HB 4364, known as the Internet...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

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

State Employment Laws That Every Virginia Employer Should Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/28/2015

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Connecticut Joins States That Protect Personal Online Accounts of Employees

Proskauer - Privacy & Cybersecurity on 7/9/2015

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...more

Hack Attack?

Gray Reed on 6/23/2015

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Littler on 6/18/2015

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Connecticut Governor Signs New Social Media Privacy Legislation

Seyfarth Shaw LLP on 6/1/2015

As we have frequently reported in this blog, social media privacy issues increasingly permeate the workplace. For example, earlier this year, Montana and Virginia joined a growing number of states in enacting laws...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

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

Proskauer Rose LLP on 4/15/2014

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts....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

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