News & Analysis as of

Right to Privacy Employment Policies

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Kennedys

What one court giveth, a brother court taketh away: Thermoflex and 3 policy exclusions in the context of BIPA

Kennedys on

In Citizens Ins. Co. of Amer. v. Thermoflex Waukegan, LLC no. 20-05980 (N.D. Ill. Mar. 1, 2022), the United States District Court for the Northern District of Illinois rejected the application of three separate general...more

Proskauer - Law and the Workplace

Louisiana Supreme Court Holds The Employment-At-Will Doctrine Dictates That Private Employers May Mandate Employees Get Vaccinated

On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more

Littler

Dutch Court Gags Employee Who Refused to Wear a Mask

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A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week....more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana In California (part one)

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Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Foley & Lardner LLP

Marijuana is Now Legal in My State, but Is It a ‘Lawful Product?’

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The trend of states legalizing both medical and recreational marijuana use continues to gain momentum. Unfortunately for employers, this also means having to wade through an ever-growing patchwork of marijuana laws across the...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

Proskauer - Law and the Workplace

Illinois Legalizes Recreational Marijuana: Impact on Employers

Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA,...more

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

Legalized Cannabis in Illinois: What Employers Need to Know

On May 29, 2019, the Illinois Senate passed Illinois House Bill (HB) 1438, which will legalize recreational marijuana in the state. This bill, known as the “Cannabis Regulation and Tax Act,” is expected to be signed into law...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

Seyfarth Shaw LLP

Somebody’s Watching Me: Considerations in Employee GPS Monitoring

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Seyfarth Synopsis: When choosing a GPS location tracking app, California employers must consider several factors to see if the app unduly infringes on employee privacy. Let some references to popular music be your guide....more

Seyfarth Shaw LLP

Raging Bull: Getting Beat Up On Glassdoor?

Seyfarth Shaw LLP on

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

Gray Reed

Is Your Company Email to Santa Protected?

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Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Kramer Levin Naftalis & Frankel LLP

Data Protection Alert - How data protection impacts labor law

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

Orrick, Herrington & Sutcliffe LLP

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Dechert LLP

Employee privacy and monitoring

Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

Orrick - Employment Law and Litigation

Employers in Germany May Now be Able to Check Browsing History of Work Computers

In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional...more

FordHarrison

Andrews and Hogan verdicts demonstrate disgust against invasion of privacy

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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

Fisher Phillips

European Court of Human Rights Issues Decision on Monitoring of Employee’s Internet Use

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In a Barbulescu v. Romania, a decision issued on January 12, 2016, the European Court of Human Rights issued a ruling interpreting the right to privacy under Article 8 of the European Convention on Human Rights in the...more

Orrick, Herrington & Sutcliffe LLP

Employment Law News for 2016

A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

Pillsbury - Internet & Social Media Law Blog

Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting...more

Robinson+Cole Data Privacy + Security Insider

Maine joins the mainstream with new social media law

Joining more than 20 other states, and many of its sister states in the Northeast, Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media...more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

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In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Fisher Phillips

Looking Over Your Employees' Shoulders

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As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Moore & Van Allen PLLC

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

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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

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