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Hiring & Firing › Privacy Concerns

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

Littler on

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Fisher Phillips

How is HR Using AI? An Employer’s List of Tools and Potential Pitfalls

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As various forms of artificial intelligence capture the imagination of the broader public, human resources professionals may feel like they are caught in a bit of a whirlwind. While predictive analytics (data-driven...more

TRU Staffing Partners, Inc.

Expand Your Business Potential with Expert Privacy Contractors

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Get your copy of TRU Staffing Partners' "Expand Your Business Potential with Expert Privacy Contractors." Learn everything you need to know to accelerate your privacy program — from up-to-the-minute, exclusive market metrics,...more

Littler

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

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Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more

Littler

The Netherlands: Get the tape rolling…

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It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings,...more

Littler

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Littler on

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that...more

Best Best & Krieger LLP

Best in Law: Online Recruiting Legal Pitfalls

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The COVID-19 pandemic has forced businesses to change their recruitment and hiring practices. While the Internet had already shifted the way people look for, apply to and fill jobs, small businesses will now, more than...more

Rumberger | Kirk

Drug Testing Florida School District Job Applicants Is Tricky Business. Finally, Some Judicial Guidance

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Is mandatory drug testing for all school district job applicants constitutional? A recent case from the Eleventh Circuit suggests not. See Friedenberg v. Sch. Bd. of Palm Beach Cty., 9:17-cv-80221-RLR (11th Cir. 2018). ...more

Akerman LLP - HR Defense

Big Brother to Review Visa Applicants’ Social Media History?

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Handing over access to your social media account might be the next big move in U.S. immigration law. In a formal notice issued on March 30, 2018, the Department of State advised that it plans to require nearly all visa...more

Fisher Phillips

The Future Is Now: Robots And Artificial Intelligence In The Workplace

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While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

Proskauer - New Media & Technology on

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Robinson+Cole Data Privacy + Security Insider

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

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Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Robinson+Cole Data Privacy + Security Insider

California Federal Judge Certifies Class in S2Verify FCRA Class Action Using Spokeo Concreteness Test

Robinson+Cole Data Privacy + Security Insider on

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company,...more

Robinson+Cole Data Privacy + Security Insider

Judge finds Genesis Healthcare free of any FCRA violations

Robinson+Cole Data Privacy + Security Insider on

On October 1, 2015, U.S. District Judge Mark Kearney rules that Genesis Healthcare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background...more

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

Rhode Island Enacts Employee Social Media Privacy Legislation

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Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

Dorsey & Whitney LLP

The Risks of Pre-employment Social Media Screening

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An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more

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