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Privacy

Wearables at work: Big data or Big Brother?

06/18/2015
The ability to acquire biometric data is growing all the time, and yes, it will create employment law problems.

24/7 monitoring on company cellphone prompts lawsuit

05/18/2015
A California sales executive is suing her employer after she was fired for disabling an app on her company-provided iPhone that tracked her whereabouts even during nonwork hours.

How can we structure a policy that lets us search employees’ belongings?

05/04/2015
Q. I am worried that some of my employees are storing illicit or illegal items at work. Is there a way for me to legally search their belongings?

Get the Most Out of Exit Interviews

04/25/2015
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Remind supervisors: What you say in emails can and will be used against you in court!

02/02/2015
If an employer is sued for discrimination, harassment or retaliation, chances are all emails related to the employee will be shared with the em­­ployee’s attorneys. Anything said in those emails can then be used against you to prove discrimination—or that you tried to set up the employee for discharge because she filed a discrimination complaint.

Protect against data breach, cyber attack

01/26/2015

In December, Sony Pictures became the latest high-profile business victim of data theft. In addition to the threats of violence related to the re­­­­lease of its feature film, “The Inter­­view,” the company faces several federal class action lawsuits by employees claiming that their private information had been impermissibly disclosed online. In the wake of this crisis, employers should consider the following issues

NLRB narrows employer limitations on workplace communications

01/21/2015
A recent ruling may force employers to change their policies restricting private emails.

Employee on workers’ comp refuses to take a drug test: Is it legal to terminate him?

01/14/2015
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Technological change drives three new NLRB decisions

01/14/2015
The National Labor Relations Board has issued three far-reaching decisions that change long-standing practices under the National Labor Relations Act. All reflect a disquieting connection between modern communications and old-fashioned labor relations.

Court refuses to punish employer for scrubbing employee’s cellphone

01/05/2015
A federal court has dismissed a former employee’s claim under the Electronics Communication Privacy Act alleging that his employer illegally destroyed valuable information when it remotely wiped clean his iPhone after he resigned. That’s good news for IT departments that must protect company information that might be stored on former employees’ smartphones.