Category Archives: Employee Privacy

COMPLIANCE CHECK: BACKGROUND CHECK CLASS ACTION SUITS CONTINUE AT GREAT EXPENSE TO EMPLOYERS

If you set goals late last year or early this year for workplace compliance to be completed in 2016 and have not yet met your goals, now is the time to revisit them. It is critical to allocate time and energy now to review your policies and achieve compliance with various statutes including the National Labor Relations Act, the Fair Labor Standards Act and the Fair Credit Reporting Act (“FCRA”) as the repercussions to employers for failing to do so are proving to be very costly. As was predicted for 2016, the trend of filing class actions for failure to comply with the requirements of the FCRA has and continues to grow. Read More »

ARE YOU BEING NOSY OR BURYING YOUR HEAD?

When dealing with their employees’ needs for accommodations due to religious, disability, or family leave reasons, it’s necessary for employers to know some personal information about their employees.  But, simply asking for information can be considered a violation of certain employment laws.  What’s an employer to do? Nosy-Neighbor558X279 Read More »

DATA BREACHES-A NEW TOPIC FOR COLLECTIVE BARGAINING?

The NLRA requires employers whose employees are represented by a union to maintain the employee’s existing terms and conditions of employment and to negotiate with the union before implementing any changes to those conditions. Even fundamental changes in the business itself, which are exclusively the prerogative of management and not subject to bargaining, will give rise to a bargaining obligation over the effects of those decisions on unionized employees.Data-Breach-300x225

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MEET GINA BEFORE YOU’RE INTRODUCED IN COURT

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) became effective in November 2009.  In recent months, the first lawsuits have been filed under the Act.  Thus, it is a good time to examine GINA’s impact on employers to safeguard against potential lawsuits.

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PERSONAL TEXTING ON EMPLOYER-OWNED DEVICES MAY BE AYOR “AT YOUR OWN RISK”

The long-anticipated cage match between technology and the law took place last week, and Round One went to employers. While it wasn’t a full and complete KO, employers at least received some guidance from the U.S. Supreme Court in City of Ontario, California v. Quon as it relates to an employee’s use of and privacy in employer-owned and provided communication devices.

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