Archives: Workplace Privacy

European Court Provides Further Clarity on Employee Monitoring

By Emily R. Fedeles and Nichole Sterling on September 20, 2017 Posted in International Privacy Law, Workplace Privacy

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Bărbulescu v Romania (Bărbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Bărbulescu decision held that a Romanian employee’s legally protected right to privacy was violated when his employer monitored personal messages … Continue Reading

Social Media’s Not For You—It’s About You: Risks for Organizations in a New Age of Sharing

By James A. Sherer and Melinda L. McLellan on April 20, 2015 Posted in Data Breaches, Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Social Media, Workplace Privacy

Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus … Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

By Melinda L. McLellan and James A. Sherer on March 30, 2015 Posted in Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Workplace Privacy

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading

FAQs by Employers Regarding the Anthem Breach

By Theodore J. Kobus III and Lynn Sessions on February 7, 2015 Posted in Data Breaches, HIPAA/HITECH, Medical Privacy, Workplace Privacy

Do we have any legal obligations under HIPAA? It depends on your contractual relationship with Anthem and whether the group health plan offered by your company is self-insured. If your company’s group health plan is self-insured and your company contracts with Anthem to administer the plan, process claims, etc., then your company’s group health plan … Continue Reading

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

By Pat Muldowney on November 24, 2014 Posted in Data Breaches, Workplace Privacy

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information. Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers … Continue Reading

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

By Scott McIntyre and Erika Spears on August 26, 2014 Posted in Workplace Privacy

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July … Continue Reading

New Jersey Becomes the Sixth State to Ban the Box for Private Employers

By Todd Lebowitz on August 25, 2014 Posted in Workplace Privacy

Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the box for private employers. As we blogged here, the Illinois law takes effect January 1, 2015. Several cities have … Continue Reading

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

By Gilbert S. Keteltas on December 14, 2012 Posted in Workplace Privacy

Editor’s Note: This post is a joint submission to BakerHostetler’s Discovery Advocate blog. Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the administration of justice which the privilege entails.” But marital communications to … Continue Reading

NLRB Provides Guidance Regarding Social Media Sites

By Leah Williams on September 9, 2011 Posted in Workplace Privacy

In its continuing effort to grapple with when and where employee speech is protected under Section 7 of the National Labor Relations Act (“NLRA”), on August 18, 2011, the NLRB’s Acting General Counsel issued a report addressing when it is lawful and unlawful to discipline employees for social media activities and the proper scope of … Continue Reading