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Category Archives: Privacy

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Did You Know…Background Checks – Buyer [Employer] Beware!

Posted in Class Actions, Discrimination, Forms, Litigation, Privacy

As we recently reported at our annual employment law seminar and discussed in “Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks,” background checks are not only the focus of the EEOC and FTC, but also plaintiff class action attorneys.  Underscoring this point is the recent putative class action filed against UBS Financial Services, Inc…. Continue Reading

Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks

Posted in Disability Discrimination, Discrimination, Privacy

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy. Recently, the EEOC and FTC** issued joint informal guidance concerning the issues employers may face when consulting background checks… Continue Reading

Did You Know…San Francisco “Bans the Box”: Are Your Job Applications Up to Snuff?

Posted in Forms, Legislation, Privacy

San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications.  Last year, the California Legislature passed Senate Bill 530 and Assembly Bill 218, further limiting the type of information employers may ask job applicants regarding their criminal history.  San Francisco’s Fair Chance… Continue Reading

Did You Know…Public Employees’ Facebook “Like” is the Internet Equivalent of a Political Yard Sign

Posted in Court Decisions, Privacy, Social Media

The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected under the Stored Communications Act). Likewise, the Fourth Circuit Court of Appeals recently ruled that “liking”  something on Facebook is a form of… Continue Reading

Did You Know…Employee Privacy Rights May Be Trumped By Third Party Requests for Disclosure of Contact Information

Posted in Privacy

The California Supreme Court ordered the County of Los Angeles to disclose non-union employees’ contact information to SEIU Local 721.  The Union sought to amend the bargaining agreements to require the County to disclose addresses and phone numbers of non-members.  The Supreme Court considered whether California’s right to privacy outweighed the Union’s right to the information.  Notwithstanding… Continue Reading

Did You Know…You Cannot Ask Applicants or Employees For Their Facebook Password

Posted in Privacy, Social Media

On March 23, 2012  Facebook issued a statement regarding “employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information.”  The social media network asserted that “if you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize… Continue Reading