News & Analysis as of

Employer Liability Issues Fourth Amendment

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

Goodwin on

To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Fisher Phillips

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

Fisher Phillips on

When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more

Lasher Holzapfel Sperry & Ebberson PLLC

Privacy In The Workplace: Employee Searches

Employers have a general right to protect their property and employees. In addition to surveillance and monitoring, some employers choose to conduct searches of areas and equipment used by employees...more

Mintz - Employment Viewpoints

Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers...more

Fisher Phillips

“What’s That Buzzing Overhead?” Don’t Get Stung By An OSHA Safety Inspection Drone

Fisher Phillips on

When the Occupational Safety and Health Administration (OSHA) issued a memorandum in 2018 announcing that agency inspectors are now authorized to use camera-carrying Unmanned Aircraft Systems—or drones—to collect evidence...more

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

Dig This! OSHA Renews Its Focus on Trenching and Excavation

The Occupational Safety and Health Administration (OSHA) officially kicked off its National Emphasis Program (NEP) on Trenching and Excavation on October 1, 2018. With the NEP comes enhanced enforcement, education, and a new...more

Fisher Phillips

New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant...

Fisher Phillips on

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices....more

Jackson Lewis P.C.

Government Employee Can Proceed To Trial On Her Challenge To The District Of Columbia’s “Blanket” Drug And Alcohol Tests

Jackson Lewis P.C. on

The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take...more

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

Wave of the Future or a Step Too Far? Wisconsin Company Offers Employees Microchip Implants, Employment Issues Abound

While we may now take Tesla’s connected world for granted, one cannot help but wonder what readers thought of his predictions in 1926 when he made the above statements in a magazine interview. It remains to be seen whether a...more

Stoel Rives LLP

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Jackson Lewis P.C.

Unreliable Anonymous Tip Could Not Form Basis Of Reasonable Suspicion Drug Test By Public Employer

Jackson Lewis P.C. on

A public employee established a Fourth Amendment violation by several individual supervisors of his former employer when they selected him for reasonable suspicion drug testing – and later discharged him — based on an...more

Littler

Five Lessons for Employers from California v. Riley

Littler on

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

BakerHostetler

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

BakerHostetler on

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

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