Law and the Workplace

Tag Archives: privacy

Delaware Adds to Growing Patchwork of Social Media Laws

Man using smartphoneOn August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees.  The new law, which also took effect on August 7, defines “personal social media” to encompass any account on a social networking site created and operated by a … Continue Reading

Responding to the Anthem Cyber Attack

My colleagues Kristen Mathews, Roger Cohen and Ellen Moskowitz, all part of our Privacy and Data Security Practice Group, recently blogged about the Anthem Cyber Attack. Importantly for our readers, the blog discusses the obligations of employers, multiemployer health plans, and others responsible for employee health benefit programs to notify employees and health plan participants … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical marijuana. The case is Coats v. Dish Network, L.L.C.  The plaintiff, Brandon Coats, a quadriplegic licensed by the State of Colorado to use … Continue Reading

Judge Limits In-House Attorney Privilege in MasterCard Ruling

On August 25, 2014, Magistrate Judge Sarah Netburn of the Southern District of New York issued an order compelling MasterCard to produce several documents that the company had previously identified as privileged. The plaintiff in the ongoing contract dispute, International Cards Company, Ltd., challenged MasterCard’s privilege log, which led Judge Netburn to instruct MasterCard to … Continue Reading

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 10, 2014, a new Wisconsin law took effect to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts. Read this alert to learn more about the new law.   Read the full text of this alert.… Continue Reading

New Jersey’s “More Properly Balanced” Social Media Law Signed by Governor Christie

On August 19, 2013,New Jersey’s state legislature passed A2878, to prohibit employers from requiring or requesting that prospective and current employees disclose their user names and passwords to their personal social media accounts. The bill incorporated changes proposed by Governor Chris Christie, who had vetoed an earlier version of the bill, and was signed into … Continue Reading

Illinois Amends Social Media Law Enacted Just Last Year

On August 16, 2013, Illinois amended its social media law that had restricted employer access to an applicant’s or employee’s social media account. The amendments clarify that the law’s proscriptions only apply to personal social media accounts, and add an express exception to permit employers to monitor professional accounts. Read this alert for more on the … Continue Reading

Release of 2012 Advice Memo Pulls Together Principles Applied by the NLRB in Evaluating Employer Social Media Policies

A 2012 Advice Memo from the National Labor Relations Board’s General Counsel, which was publicly released two weeks ago in response to a Freedom of Information Act request, addresses a number of hot social media topics affecting the workplace. This alert takes a closer look at the Advice Memo, which concludes that portions of Giant … Continue Reading

New York Court of Appeals Approves Warrantless GPS Tracking of Government Employees

On June 27, 2013, a divided New York Court of Appeals held in Cunningham v. New York State Dept. of Labor, that the state can use GPS tracking to monitor its employees during working hours without a warrant. Read this alert for an analysis of this important decision for employers. Read the full text of … Continue Reading
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