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Civil Rights Privacy

Read Civil Rights updates, alerts, news, and legal commentary from leading lawyers and law firms:

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

To Protect and Serve: Privacy Concerns for Public Employers

Do public employees have private lives? In other words, just how much can a public employer base decisions on an employee’s off-duty conduct? The Ninth Circuit, in a recent opinion, disagreeing with both the Fifth and Tenth...more

Firefighter loses lawsuit over confidentiality provisions of ADA

by McAfee & Taft on

In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more

Whistleblowing and Privacy in Italy

Law no. 179 of November 30th, 2017 (the “Law” or the “Law 179/2017”) – entitled “Provisions for the protection of whistleblowers who report offences or irregularities which have come to their attention in the context of a...more

Tax Reform Impacts Confidentiality in Sexual Harassment Settlements

by Holland & Knight LLP on

The recently enacted Tax Cuts and Jobs Act (the Act) contains a largely unnoticed provision worth the attention of human resources professionals and legal counsel who draft and implement settlement agreements and releases of...more

Employment Law - January 2018 #2

DOL Reissues Opinion Letters, Adopts ‘Primary Beneficiary’ FLSA Test - Why it matters - Reinforcing a shift in policy, the Department of Labor (DOL) reissued 17 opinion letters on a variety of topics under the Fair...more

Federal Court Nixes EEOC's Wellness Rules But Delays Effective Date

In 2015, the Equal Employment Opportunity Commission adopted regulations that limit the amount of incentives employers can provide employees to participate in wellness programs under the companies’ group medical insurance...more

California Legislation And Regulation To Watch In 2018

Orrick’s Andrew Livingston recently spoke with Law360 about California legislation and regulation that will be top of mind in 2018. Andrew noted that California’s new salary history rule introduces a host of potential...more

Employment News - December 2017 #2

by Hogan Lovells on

In this weeks issue: - Employer vicariously liable for employee's data breach - Time and time again - no implied right to bonus through custom and practice - Making progress - gender pay gap toolkit...more

Proposed Bill Would Prohibit Confidentiality in Sexual Harassment Settlement Agreements

In light of the sexual misconduct scandals that have dominated the news as of late, it was only a matter of time before proposed legislative responses would arise. Pennsylvania employers should take note of one proposed bill...more

Reconsidering Limits on Confidentiality Provisions Where Sexual Misconduct is Involved

by Foley & Lardner LLP on

It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the...more

Somebody is Watching (or Listening)—Workplace Recording

by Nexsen Pruet, PLLC on

Many workplaces use video monitoring for security or inventory control. Most employees have cell phones with audio or video recording capabilities. Employers and employees often have questions about if or when video or...more

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Federal Court Applies Charitable Organization Exemption in Telephone Consumer Protection Act Case

by Jones Day on

The Situation: A federal court recently weighed in on some of the considerations involved in applying the Telephone Consumer Protection Act's ("TCPA") exemption for charities and the third-party services that conduct...more

ACA’s Nondiscrimination Taglines and Notices Require Updating Your Notice of Privacy Practices

by Davis Wright Tremaine LLP on

There has been confusion as to whether the Affordable Care Act’s nondiscrimination provision (“ACA”) affects a covered entity’s notice of privacy practices (“NPP”) or data breach notifications. OCR has issued guidance...more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...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

Employee privacy and monitoring

by Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...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

August 2017: The Top 11 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. August was no...more

European Court to France: DNA Database Violates Fundamental Rights

by Hogan Lovells on

The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period...more

European Court of Human Rights Overturns Decision on Employee Email Monitoring

by McGuireWoods LLP on

Back in January 2016 Sarah Thompson reported on the European Court of Human Rights (ECHR) which ruled in favour of an employer who had terminated an employee’s employment, after investigating his misuse of a company email...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

WPI State of the States: Labor Day Edition

by Littler on

The holiday weekend marked the end of summer fun, but state legislatures across the country remained hard at work in August. Roughly nine statehouses are in active session. In other jurisdictions, such as Florida and Ohio,...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

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