Category Archives: Privacy

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The Fight Over Standing Under the Biometric Information Privacy Act Continues in Illinois High Court

On November 20, 2018, the Illinois Supreme Court heard oral arguments in Rosenbach v. Six Flags Entertainment Corp. and Great America LLC to decide whether a technical violation of Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq., without some additional injury, is enough to give an individual standing to sue under the … Continue Reading

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in light of legalization. California’s Rollout of Legal Marijuana California voters passed the Adult Use of Marijuana Act (“Prop 64”) on November 8, 2016, … Continue Reading

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan. Unlike a password or social security number, however, an individual’s biometric identifier or information cannot be changed or replaced … Continue Reading

New Jersey Employers May Not “Like” State’s New Social Media “Privacy Settings”

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on social media sites such as Facebook, Twitter, and YouTube. While, under the law, employers may still view any publicly available … Continue Reading

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and violations of the Computer Fraud and Abuse Act (“CFAA”). An appeal is expected, however.… Continue Reading

Password Protected – Proposed Social Media Privacy Legislation

The job market appears to be on an upswing, and with this upswing, and the advent of new technology, comes new challenges for employers and applicants alike. Potential employees may have online identities that many employers deem useful when investigating a job applicant. However, privacy settings on many social media sites allow an applicant to … Continue Reading

OFCCP May Impose Explicit Goals for Federal Contractors’ Hiring of Individuals with Disabilities

By Evgenia Fkiaras Following a trend by the Federal government to liberalize anti-discrimination laws in favor of employees, the Department of Labor Office of Federal Contract Compliance Programs (“OFCCP”) has proposed regulations that would require employers who wish to keep their contracts (and subcontracts) with the Federal government to attempt to maintain a workforce where … Continue Reading

Hernandez v. Hillsides: The California Supreme Court Identifies Guidelines for Workplace Surveillance

In Hernandez v. Hillsides, the California Supreme Court provided guidance to employers about the reasonable scope, purpose, and methods of conducting employee surveillance in the workplace. In essence, the Court confirmed a sliding scale for employee expectations of privacy in the workplace based on the office environment. But it allowed employers considerable flexibility to monitor … Continue Reading

California Supreme Court Grants Pre-Class Certification Access to Class Member Contact Information

On January 25, 2007, the California Supreme Court issued a ruling against Pioneer Electronics (USA), Inc. ("Pioneer") which impacts consumer class actions, but may also have an impact on employment class actions.  The decision granted the plaintiff’s request for pre-certification notice to prospective class members and permitted disclosure of the prospective class members’ contact information … Continue Reading
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