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Employer Liability Issues Invasion of Privacy

CDF Labor Law LLP

Invasion of Privacy Lawsuits Will Be On The Rise In California Where Employers Use Monitoring/Tracking Technology

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Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...more

Fisher Phillips

Avoiding Invasion of Privacy Claims When Using Employee Monitoring Software

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Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real,...more

Jackson Lewis P.C.

Court Upholds Jury Verdict That Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

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A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive...more

Bricker Graydon LLP

Ohio Supreme Court holds that "direct observation" of drug testing is not an invasion of privacy

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In a 4-3 decision the Ohio Supreme Court recently held that the privacy of an at-will employee is not invaded when the employee is required to produce a urine sample while being monitored by a same-sex employer representative...more

Benesch

Supreme Court of Ohio Gives Employers the Green Light to Drug Test At-Will Employees Under Direct Observation When the Employees...

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If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more

Jackson Lewis P.C.

Directly-Observed Urine Collections Do Not Constitute Invasion Of Privacy Where Employees Consented To Drug Testing

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The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...more

Littler

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

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Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context.  In this decision, Justice Kristjanson of the Ontario Superior...more

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

Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment...

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more

Bricker Graydon LLP

Ohio Supreme Court to consider whether direct observation method of employee drug-testing is an invasion of privacy

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Under current Ohio law, requiring an employee to submit a urine sample for drug testing does not violate the employee’s right of privacy. However, on January 28, 2020, the Ohio Supreme Court will hear oral argument regarding...more

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

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The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

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Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Womble Bond Dickinson

Eighth Circuit examines impact of consent on injury in fact

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In Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018), the Eighth Circuit took a detour into common law and reminded us that a plaintiff who has consented to an alleged FCRA violation does not have standing to maintain a...more

K&L Gates LLP

OnRisk: Biometric Insurance

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Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

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Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

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Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Zelle  LLP

Employee Health Information: Separate and Secure

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There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Williams Mullen

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

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A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

Robinson & Cole LLP

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

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Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Pullman & Comley - Labor, Employment and...

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

Winstead PC

Google Glass – Get Ahead of the Employment Law Issues It Will Cause

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Google Glass, at its base, is an eyeglass frame with a camera and display built into the temple. The user operates it with finger swipes, head movements and voice commands. The camera records the user’s first-person...more

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