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Privacy Labor & Employment Civil Procedure

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

California Federal Court Strikes Down FCRA Claim

by Foley & Lardner LLP on

Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of...more

Beware the Fine (Thumb) Print: Insurance Coverage for the Storm of Class Actions Under the Illinois Biometric Information Privacy...

by Reed Smith on

Since July 2017, national, regional and local businesses operating in Illinois have been hit with a virtual storm of class actions under the Illinois Biometrics Privacy Act (“BIPA”). BIPA regulates how businesses may record...more

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?

by Field Law on

On September 28, 2017, the Alberta Court of Appeal issued its decision on Suncor Energy Inc v Unifor Local 707A, which considered the degree of evidence required to justify a random alcohol and drug testing policy. By way of...more

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications...

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic...more

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

European Court Rules On Employee Monitoring Programs And Privacy

by Jackson Lewis P.C. on

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

New Class Action Litigation Risks – What Businesses Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

Hurricane Hardship and Loan Relief Also Extended to Hurricane Irma, Pension Relief and a Cybersecurity Update

by Winstead PC on

The Internal Revenue Service (the “Service”) issued and announcement providing relief from verification of the qualification of an individual’s request for a hardship withdrawal or a loan in order for a person to obtain the...more

Employment News - September 2017

by Hogan Lovells on

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

Employer’s Accessing of Employee’s Personal Email Account from Company Mobile Phone May Have Violated Stored Communications Act

In Levin v. ImpactOffice LLC, the federal court in Maryland ruled that a former employee’s claim survived a motion to dismiss where she alleged that her former employer violated the Stored Communications Act (“SCA”) when it...more

Lessons for Employers from a Recent ALJ Decision Narrowing the DOL’s Requests for Employees’ Contact Information

by Vedder Price on

When a government agency requests the contact information for a company’s employees, whether by subpoena, CID or otherwise, its knee-jerk reaction may be to produce the data without a second thought. After all, failing to...more

Improper HIPAA Disclosure Results in Termination and Legal Dispute

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more

Another Federal Appeals Court Rejects Workplace Recording Bans

by Fisher Phillips on

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

California Supreme Court Issues Sharp Reminder About Privacy and Discovery

by McManis Faulkner on

On July 13, 2017, the California Supreme Court issued its opinion in the matter of Williams v. Superior Court (Marshalls of CA, LLC) (Case No. S227228). At first glance, the opinion – which holds that an employee who brings...more

July 2017: The Top 12 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

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