On January 12, 2016, the European Court of Human Rights ruled in Bărbulescu v. Romania that companies can monitor their employees’ online communications in certain circumstances. … Continue Reading
As reported in the Hunton Employment & Labor Perspectives Blog: On November 2, 2015, a putative class action was filed against retailer Big Lots Stores, Inc. in Philadelphia, stemming from allegations that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA’s”) “standalone disclosure requirement” by making prospective employees sign a document used as a … Continue Reading
On October 27, 2015, the Ninth Circuit held in EEOC v. McLane Co., Inc. that the EEOC has broad subpoena powers to obtain nationwide private personnel information, including Social Security numbers. … Continue Reading
On May 25, 2015, the French Data Protection Authority released its long-awaited annual inspection program for 2015, announcing that a target of 550 inspections was set for 2015, including 350 on-site inspections, document reviews or hearings and 200 online inspections. This blog entry provides a summary of the program.… Continue Reading
On January 6, 2015, the French data protection authority (CNIL) published a decision adopting a new Simplified Norm NS 47 that addresses the processing of personal data in connection with monitoring and recording employee telephone calls in the workplace.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers' email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.… Continue Reading
Fears of a worldwide Ebola pandemic appear to have abated, but the tension between workplace safety and employee privacy, thrown into relief by this health emergency, remains an issue relevant to all employers.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, Illinois recently joined a growing number of states and municipalities that have passed “ban the box” laws regulating when employers can inquire into an applicant’s criminal history. The new law goes into effect January 1, 2015.… Continue Reading
As reported in the Hunton Employment & Labor Perspectives Blog, on April 9, 2014, the Sixth Circuit of Appeals affirmed a summary judgment against the Equal Employment Opportunity Commission and chastised the Commission for applying a flawed methodology in its attempts to prove that using credit checks as a pre-employment screen had an unlawful disparate impact on African-American applicants.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, on February 14, 2014, San Francisco passed the San Francisco Fair Chance Ordinance and became the latest national municipality to "ban the box" and limit the use of criminal background checks in employment hiring decisions.… Continue Reading
On March 28, 2014, the 87th Conference of the German Data Protection Commissioners concluded in Hamburg. This blog post provides an overview of several key resolutions adopted during the Conference.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, on March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission issued joint guidance regarding the use of background checks in the employment context.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, 2013 saw a number of significant class action settlements against both employers and consumer reporting agencies for alleged violations of the Fair Credit Reporting Act in the use of criminal background checks. This blog entry highlights some key cases. … Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, new legislation in North Carolina and Minnesota illustrates the recent trend of states implementing laws to prohibit employers from requesting information about job applicants’ criminal histories.… Continue Reading
On November 15, 2013, the Supreme Court of Canada declared the Alberta Personal Information Protection Act invalid because the legislation interfered with the right to freedom of expression in the labor context under Section 2(b) of the Canadian Charter of Rights and Freedoms.… Continue Reading
On November 13, 2013, two companies that provide consumer background reports to third parties, including criminal record checks, agreed to an 18.6 million dollar settlement stemming from allegations that they violated the Fair Credit Reporting Act when providing these reports to prospective employers. … Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, on November 4, 2013, Texas Attorney General Greg Abbott sought injunctive and declaratory relief against the Equal Employment Opportunity Commission on the grounds that the agency's April 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions "purports to preempt the State's sovereign power to enact and abide by state-law hiring practices." … Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, a federal district court in New Jersey recently ruled that non-public Facebook wall posts are protected under the Stored Communications Act. This blog post outlines the court's analysis of the relevant SCA provisions and exceptions applicable to the case.… Continue Reading
On June 5, 2013, a federal district court in Ohio held that the Stored Communications Act can apply to an employer reading a former employee's personal emails on a company-issued mobile device that the employee returned at the end of the employment relationship.… Continue Reading
On July 3, 2013, the French data protection authority released its decision in a case against an information systems consulting company, imposing a fine of EUR 10,000 for privacy violations concerning the company’s CCTV system.… Continue Reading
On June 13, 2013, the Department of Health and Human Services announced a resolution agreement and 275,000 dollar settlement with Shasta Regional Medical Center in connection with impermissible disclosures of protected health information to the media, as well as to Shasta’s entire workforce.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, an article by Hunton and Williams partners Terry Connor and Kevin White on the EEOC’s April 2012 Guidance recently was published in the Seton Hall University Law Review. The Guidance interprets Title VII to impose disparate impact liability on employers who use criminal background checks in the hiring process.… Continue Reading
As reported in the Hunton Employment and Labor Perspectives Blog, furthering its controversial ruling in Banner Health System National Labor Relations Board’s Office of the General Counsel released a memorandum providing additional guidance on the confidentiality of internal workplace investigations. … Continue Reading
