The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more
On April 8, 2021, we blogged about the 10th Circuit oral argument in Animal Legal Defense Fund v, Kelly, the first amendment challenge to Kansas’ so-called “ag-gag” law. Animal rights groups often use deceptive tactics to...more
What should employers be watching for? Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference. Now that people...more
Dear YouDig?, We are getting scammed by one of our suppliers but we can’t seem to pin down the proof. They say they give us 20 tons of the stone per order. Our scales consistently come in at 18 tons. Over and over again. ...more
On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional...more
We have on several occasions, most recently on February 5, 2020, blogged about so-called “ag gag” laws, statutes designed to prevent undercover investigations of agricultural producers. Since that post, the United States...more
In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers...more
Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more
More and more, I have noticed employees are recording their employers. Smartphones, along with other technological advances, have made recording or videoing workplace conversations very easy. These recordings can be used in...more
In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in...more
In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more
Consider the all-too-real scenario of meeting with your employee for a disciplinary discussion. At the start of the meeting, he innocently puts his phone face down on the table. Unbeknownst to you, however, anticipating the...more
Last week, in Martin v. Gross, Chief Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of our clients, finding the Massachusetts Wiretap Statute (Mass. Gen. L....more
French data protection authority CNIL has issued a fine against company Assistance Centre d’Appel related to the use of biometric technology in the workplace. During an audit at the end of 2016, CNIL found that the company...more
On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more