Workplace Privacy Counsel comes to us from Philip Gordon and the Privacy & Data Protection Practice Group at the AmLaw 200 firm Littler Mendelson. The blog covers privacy issues impacting employers and employees around the nation.
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Anonymous Internet posts attacking employers and executives have become all too common. Until the Ninth Circuit Court of Appeals’ decision last week in Anonymous Online Speakers v. United States District Court for the District of Nevada Reno, courts have relied on the First Amendment right to...
By Philip L. Gordon Yesterday’s $1.5M “Resolution Agreement” between Blue Cross Blue Shield of Tennessee (“BCBST”) and the U.S. Department of Health and Human Services (“HHS”), the agency responsible for enforcing HIPAA, is the fourth major settlement...
Effective May 4, 2012, the Massachusetts Criminal Offender Record Information ("CORI") Reform Act (the Act), which was enacted in August 2010 with the controversial "ban the box" legislation, will significantly change the way employers access, use and maintain information...
By Philip Gordon In its most recent effort to draw lines on the self-described “hot topic” of the “lawfulness of employers’ social media policies and rules,” the National Labor Relations Board’s (NLRB) Office of General Counsel has taken the position that many...
By Philip L. Gordon The Supreme Court ruled unanimously yesterday that law enforcement must obtain a search warrant before placing a Global Positioning System (GPS) device on a suspect’s vehicle for purposes of tracking the vehicle’s location. The decision effectively overturned Antoine...
Is It Legal for an Employer to Secretly Track an Employee's Personal Vehicle 24/7 for One Month? Perhaps!
By Philip L. Gordon A recent decision by a New York appellate court is one of the first cases to address the surreptitious use of location tracking for employment purposes. The 3-2 split decision highlights the on-going disagreement among judges over the lawful use of Global Positioning Systems...
Philip Gordon will be speaking on a range of privacy and data protection issues at the following upcoming events: Date: January 11, 2012 Conference: BNA Location: Webinar Topic: Phil Gordon and Michael McGuire, Shareholder and Chief Information Security Officer at Littler, will co-present...
We are pleased to announce a new addition to Littler's blogroll: Employee Benefits Counsel Brought to you by Littler's Employee Benefits, ERISA and Benefit Plan Litigation, and Executive Compensation practice groups, this blog covers: Legislative and regulatory developments in the employee...
The Equal Employment Opportunity Commission's Office of Legal Counsel released an advisory opinion on employer use of arrest and conviction records during the hiring process. The non-binding letter provides some insight into the Commission's current enforcement position and suggests the Commission:...
On October 10, 2011, the Office of California Governor Jerry Brown announced that Governor Brown had signed AB 22, legislation that adds a new provision to the California Labor Code and amends the state's Consumer Credit Reporting Agencies Act to restrict the discretion that private and public...