News & Analysis as of

Email Hiring & Firing

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

BCLP

Private life and disciplinary dismissal

BCLP on

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Ius Laboris

Email on company account can be ‘private’

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In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more

Mitratech Holdings, Inc

From Chaos to Order: How an Applicant Tracking System Simplifies Hiring for Busy HR Teams

Picture this: your HR team is overwhelmed with stacks of resumes, emails from eager candidates, and never-ending games of phone tag. Sound familiar? Don’t worry – you’re not alone. ...more

Constangy, Brooks, Smith & Prophete, LLP

Stupid plaintiff tricks: Faking emails to win

People, it doesn't work. There was a court decision last week from my home state of North Carolina that left me shaking my head. A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more

Husch Blackwell LLP

New York Employee Monitoring Law Goes Into Effect May 7, 2022

Husch Blackwell LLP on

Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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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 for the past few years—and this past month...more

Dechert LLP

Case law update – France / Second semester of 2019

Dechert LLP on

This newsletter summarises four significant judicial decisions over recent months.   1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more

Epstein Becker & Green

Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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 for the past few years—and this past month...more

A&O Shearman

Anonymous email and overheard pub conversation in disability discrimination claim

A&O Shearman on

A leaked email between lawyers and an overheard conversation between lawyers in a pub, both concerning redundancy, were not admissible as evidence in disability discrimination proceedings in the Employment Tribunal. The...more

Bricker Graydon LLP

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

Bricker Graydon LLP on

The Sixth Circuit Court of Appeals recently reversed a district court’s summary judgment in favor of Maryville Anesthesiologists (MA). A former MA employee, Paula Babb, alleged that MA violated the Americans with Disabilities...more

Fox Rothschild LLP

Even Profane Emails Of Employees May Be Federally Protected

Fox Rothschild LLP on

Employee emails referencing an employer’s unfair labor practices may be protected under the federal National Labor Relations Act, even if such speech may seem inappropriate. An NLRB (Board) ruling on this issue was affirmed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A GDPR Update for Employers, Part II: Aligning HR Practices to Comply with National Legislation Implementing the GDPR

Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the...more

Genova Burns LLC

New Jersey Courts Cannot Agree on Arbitration Assent By E-Mail

Genova Burns LLC on

Can an employee assent to arbitration through inaction? A recent decision from the U.S District Court for the District of New Jersey in AT&T Mobility Services LLC v. Horowitz addresses the same arbitration agreement...more

Constangy, Brooks, Smith & Prophete, LLP

Cybersabotage: The Hot Tactic Of Today's Disgruntled Employee

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

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2018

Jackson Lewis P.C. on

1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more

Proskauer - Whistleblower Defense

10th Circuit Reverses Grant of Summary Judgment on SOX Whistleblower Claim

On February 22, 2018, the Tenth Circuit Court of Appeals reversed a district court’s grant of summary judgment against a Plaintiff who claimed that his employment was terminated in violation of the SOX whistleblower...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Faegre Drinker Biddle & Reath LLP

European Court of Human Rights: Monitoring Employee Communications

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

Proskauer - Labor Relations Update

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Littler

European Court Limits Workplace Email Monitoring

Littler on

In its recent Grand Chamber judgment, the European Court of Human Rights held that employers can monitor an employee's email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such...more

Katten Muchin Rosenman LLP

Employment Matters – UK - Snooping on Employees' Private Emails

Some of you might recall the case of Mr Barbulescu v Romania in 2016, which involved an employee (Mr Barbulescu), who sent private emails through his personal Yahoo account from an office computer. Some messages were innocent...more

Faegre Drinker Biddle & Reath LLP

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

Orrick - Employment Law and Litigation

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

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