News & Analysis as of

Invasion of Privacy Employment Policies

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Fisher Phillips on

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

Jackson Lewis P.C. on

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

Bricker Graydon LLP on

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...

Benesch on

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

Jackson Lewis P.C. on

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

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

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

Dickinson Wright

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

Dickinson Wright on

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more

FordHarrison

Andrews and Hogan verdicts demonstrate disgust against invasion of privacy

FordHarrison on

Just this month, two large jury awards were given to celebrities in their respective civil suits alleging amongst other things, invasion of privacy: First, FOX sportscaster Erin Andrews was awarded $55 million in her...more

Zelle  LLP

Effective Implementation of Workplace Technology

Zelle LLP on

There are hundreds (if not thousands) of new technologies available to employers, all promising to solve problems and make life easier. We’ve written about the risks of the technology itself, but it’s worth noting that poor...more

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