The Blunt Truth About Testing Employees For Marijuana In California (part one)
The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more
On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”)....more
Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more
Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of...more
One of the aspects of digitalization is that it blurs the lines between personal and professional lives of employees. Such acknowledgement is reflected in EU and French laws, notably with regard to teleworking and the right...more
Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more
On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more
The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more
Since 2001, the French Court of Cassation has made a continuous effort to refine and, in some circumstances, narrow the scope of the right to privacy in the workplace with a view to reaching a fair and balanced approach. The...more
A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more
Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more
Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more
Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more
On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more
Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more
On April 23, 2014, the Connecticut Senate approved Senate Bill No. 317, “An Act Concerning Employee Privacy.” This bill would generally prohibit employers from requiring employees (or job applicants) to provide passwords or...more
As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy....more
In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more
Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more
A recent Ohio federal court decision serves as a reminder that companies need to review their Bring Your Own Devices (BYOD) policies to ensure that employees are adequately informed about the communications that corporate...more
In response to concerns about employee attendance and building security, some employers have chosen to implement biometric attendance systems in the workplace. These systems allow an employer to monitor employees’ work hours...more