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10 Things Employers And Employees Should Know About Social Media
This post was co-authored by Elizabeth Arce The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers. The New York Times...
View ArticleThat Negative Comment Posted On Facebook May Constitute Protected Activity
The National Labor Relations Board (“NLRB”) is the federal counterpart of the Public Employees Relation Board (“PERB”). The NLRB is the body that oversees the administration of federal labor law, and...
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Smokers Need Not Apply: Good Idea Or Illegal?
Hospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers. This practice goes far beyond merely...
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Computer Use Policies More Important Than Ever: Employee Liability Under The...
This guest post was authored by Alison Carrinski The U.S. Ninth Circuit Court of Appeals recently held in U.S. v. Nosal that an employer may sue for damages under the federal Computer Fraud and Abuse...
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The Litigation Landscape In An E-Discovery World
The “e-discovery” amendments to the Federal Rules of Civil Procedure were implemented in December 2006. In 2009, California enacted similar “e-discovery” rules. The adoption of these rules has...
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Overtime Pay For Off-Duty Cell Phone Calls And Text Messages? Maybe!
The cell phone, in particular the so-called “smartphones” (e.g. iPhones, Blackberrys, Android phones) are amazing. These devices allow us to be in contact no matter where we are on a 24/7 basis....
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Two Bar Associations Give Employers Another Reason To Adopt Social Media...
Social networking websites have become a treasure trove for lawyers looking for damaging information that could be used to impeach an opposing party or any adverse witnesses in a lawsuit. As a result,...
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Tracking Employees Driving Employer Vehicles Via GPS
From time to time we are asked by clients whether they can place Global Positioning System (GPS) units on company or agency owned cars in order to keep track of employees whom they believe are misusing...
View ArticleCourt Rules Metrolink May Monitor Locomotive Engineers Via Audio/Video...
This guest post was authored by James E. Oldendorph Jr. In October 2009, Metrolink installed two inward-facing cameras in all of its locomotive cabs. While one of the inward-facing cameras records the...
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Missouri's "Facebook Law" Restricts Communications Between Teachers And...
As the summer draws to an end, parents and students are beginning to prepare for the start of the school year. For many parents, sending their children off to school can be both a joyous and fearful...
View ArticleMissouri Court Blocks "Facebook Law"
Last week we reported on a new Missouri law that regulates communications between teachers and students on social media websites. This so-called “Facebook Law” was scheduled to go into effect this...
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NLRB Provides Guidance On Regulating Employee Use Of Social Media
This post was co-authored by Elizabeth Arce It seems that every time you turn on the news some new technological innovation is being announced. For example, recent weeks have seen the unveiling of...
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New State Laws Establish Gender Identity, Gender Expression, And Genetic...
This guest post was authored by Connie C. Almond The Governor recently signed into law AB 887 and SB 559, which prohibit harassment and/or discrimination based on gender identity and expression, and...
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Lawmakers Deal Another Blow To Missouri's "Facebook Law"
In August we reported on a new Missouri law that regulated communications between teachers and students on social media websites. We also reported on the Missouri State Teachers Association’s (“MSTA”)...
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New Limits On Employer Use Of Consumer Credit Reports
This guest post was authored by Julie L. Strom Effective January 1, 2012, AB 22 (pdf) places new limitations on when an employer is allowed to use a consumer credit report as a basis for employment...
View ArticleNinth Circuit Agrees To Rehear Computer Data Fraud Case
This blog post was authored by Alison Carrinski In May we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals examined whether an employee violates the federal...
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What Does The Supreme Court's Ruling In US v. Jones Mean For GPS Tracking By...
Last summer we reported that an employer may under California law use GPS devices to track employer owned or leased vehicles. We recently revisited this issue in light of the U.S. Supreme Court’s...
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New Maryland Law Prohibits Employers from Asking for Social Media Passwords
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by...
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New California Laws Limit Access to Employee, Student Usernames and Passwords
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking...
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Do Your Employees Know Big Brother May Be Watching?
Harvard University recently had some explaining to do. Last fall, the University conducted an investigation into the source information leaked to the media about students at the Ivy League school who...
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