According to a press release issued by the European Commission today, the European Parliament and the Member States have agreed to adopt new rules that set the standard for protecting individuals who blow the whistle on breaches of EU law from dismissal, demotion, and other forms of retaliation. This reform, which was first proposed by … Continue Reading
In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to the goal pursued. The CNIL also sanctioned the company because it failed … Continue Reading
As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational videos, worksheets and guidance to help health care providers create a “culture of compliance and awareness” and to protect patients’ Protected Health … Continue Reading
California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media.… Continue Reading
On April 11, 2012, Katharine Parker, a partner in Proskauer's Labor & Employment Law Department, discussed privacy concerns that arise when an employer demands access to its employees' social media accounts.
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In an important decision for employers, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee's assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers. The decision, a victory for employers, provides helpful guidance for management of electronic communication systems and workplace searches. Read this alert to learn more about the decision and how it may affect you.
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In a continuation of the Stengart v. Loving Care Agency case we wrote about in August 2009, the New Jersey Supreme Court ruled on March 30, 2010 that emails sent by an employee from a company laptop via a web-based email account (Yahoo!) to her attorney were protected from disclosure by the attorney-client privilege. In reaching this conclusion, the Court also ruled and provided insight on a far broader and more practical issue for employers -- namely, how to draft enforceable computer usage policies and/or make existing policies more effective.
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There is an inherent tension between an employee's right to privacy and an employer's right -- and obligation -- to maintain a safe, productive, and hostility free environment at the office.
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In Hernandez v. Hillsides, Inc., S147552 (Aug. 3, 2009), the California Supreme Court unanimously held that the mere placement of a hidden video camera in an employee's office could constitute an invasion of privacy, even if the camera was never actually used to record the employee. Under the specific facts of the case, however, the Court ultimately found no liability because the intrusion was relatively minor, limited and justified, but California employers should be aware that the use of hidden surveillance cameras without notice or warning in "semi-private" office space is likely to produce an actionable claim for invasion of privacy in many cases.
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On June 16, 2009, in Pietrylo v. Hillstone Restaurant Group, USDC D.N.J. Case No. 2:06-cv-5754-FSH-PS, a New Jersey federal jury found that the Houston’s restaurant chain violated the Stored Communications Act (SCA) and the New Jersey Wiretapping and Electronic Surveillance Control Act(NJWESCA) by allegedly requiring an employee to surrender to Houston’s managers login information that … Continue Reading
The Ohio Court of Appeals, in State v. Wolf, No. 08-16, slip op. (Ohio Ct. App. 5d April 28, 2009), recently upheld application of Ohio’s computer crime law to an employee who used his work computer to engage in criminal conduct (solicitation of a dominatrix-prostitute). While this holding may seem uncontroversial, another aspect of the decision … Continue Reading
The June 18, 2008 Ninth Circuit panel decision in Quon et al. v. Arch Wireless et al., No. 07-55282 (9th Cir. June 18, 2008) has sparked a flurry of news reports and speculation regarding employers’ ability to monitor employees’ e-mails and text messages. In fact, the decision appears to change very little for private employers who … Continue Reading
In a unanimous panel opinion issued on January 28, 2008, the Ninth Circuit upheld the National Labor Relations Board’s (NLRB) newly-announced three-factor test for determining whether employer surveillance activity of potential union members is coercive and therefore in violation of the National Labor Relations Act (NLRA). The case, Local Joint Executive Board of Las Vegas et … Continue Reading
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