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Report Link Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy.Barker Olmsted & Barnier - July 11, 2008 Workplace privacy rights can be tricky. Consider the following scenario: A company provides two-way alpha-numeric pagers to employees. The pager service plan allows for transmission of 25,000 characters per month, beyond which an overage fee is assessed. Report Link Employee Text Messages Are Not Inviolate: Understanding and Navigating the Ninth Circuit's Decision in Quon v. Arch Wireless Operating CompanyLittler Mendelson, P.C. - July 09, 2008 The headlines proclaiming the end of employer monitoring have vastly overstated the impact on the workplace of the Ninth Circuit's ruling in Quon v. Arch Wireless Operating Company. To be sure, the case holds that the Stored Communications Act prohibits third-party service providers, such as text message services and Internet service providers, from disclosing stored electronic communications without the consent of the employee who sends or receives the communication, even if the employee is using employer-provided equipment and the employer pays for the service. Nonetheless, and as explained more fully below, employers can easily and lawfully navigate this restriction. Report Link Employees Have Right to Privacy in Text Messages, Court of Appeals Rules.Jackson Lewis LLP - July 01, 2008 A police officer and the individuals with whom he communicated had a reasonable expectation of privacy in text messages sent from pagers provided by the employer, the U.S. Court of Appeals for the Ninth Circuit has ruled. Quon v. Arch Wireless Operating Co., Inc., No. 07-55282 (9th Cir. June 18, 2008). The employer, it said, violated the plaintiffs' rights under the Fourth Amendment of the U.S. Constitution and the California Constitution by reviewing text messages without the plaintiffs' consent. Accordingly, the court held that the plaintiffs prevailed as a matter of law and reversed the lower court's judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Review of Employee Text Messages Deemed Invasion of PrivacyBarker Olmsted & Barnier - June 24, 2008 Employers may violate constitutional privacy rights by reviewing employee text messages delivered on company-provided equipment, according to a Ninth Circuit Court of Appeals. Report Link Navigating the Personal Information Maze (pdf).Jackson Lewis LLP - June 23, 2008 It’s all in a day’s work: employers collect individuals’ most
sensitive and private personal information. From Social
Security numbers to fingerprints, health records to financial
data, this information enters the province of employers
for use in the normal course of business. Dramatic headlines
have spotlighted the vulnerability of this personal data
and the potential for liability if it is not secure. Inadvertent
data loss, security breaches, unauthorized disclosures, and
theft have led governments worldwide to enact laws and
regulations designed to balance legitimate business needs
for sensitive personal information with individual interests
in keeping it safe. Report Link International Personal Information Flow, Privacy, and Security.Jackson Lewis LLP - June 03, 2008 Employers must consider the requirements of international privacy laws when transferring employees’ personal information across national borders, even if within the same company. Dramatic and frequent headlines of inadvertent data loss, security breaches, unauthorized disclosures, and theft have put a spotlight on the vulnerability of data repositories. Predictably, governments worldwide have enacted laws and regulations designed to balance legitimate business needs for personal information with individual interests in keeping that information safe. Report Link International Business Travelers May Face Warrantless Laptop Searches by U.S. Border Agents.Jackson Lewis LLP - May 12, 2008 Federal border agents did not violate the U.S. Constitution’s Fourth Amendment prohibition against unreasonable searches in examining the contents of a traveler’s laptop without any basis for believing the device contains contraband, a federal appeals court in San Francisco has ruled. United States v. Arnold, No. 06-50581 (9th Cir. Apr. 21, 2008). The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Liability for Data Security Breaches Expanding (pdf).Vedder Price - May 02, 2007 On January 17, 2007, a computer hacker accessed the
computer systems of TJX Companies, Inc., a parent
company of T.J. Maxx, Marshall’s and other retailers,
and stole sensitive and confidential information
communicated during customer transactions dating
back to 2003. Fraudulent use of this stolen information
has thus far been detected in Florida, Georgia,
Louisiana, Hong Kong and Sweden. As a result of
this incident, numerous class actions have been fi led
against TJX on behalf of consumers whose information
was stolen. Report Link Bills Banning "Pretexting" And Protecting Veteran Data Clear Congress.Jackson Lewis LLP - December 21, 2006 Two privacy and data security measures affecting employers received legislative approval as the 109 th Congress draws to a close. One measure would criminalize certain corporate investigative methods. The other measure would require data security provisions be included in contracts between the Veterans Administration and private sector service providers. Report Link Employer's Unauthorized Access To Employee's Website May Violate Federal Statute.Ballard Rosenberg Golper & Savitt - September 01, 2002 The Ninth Circuit ordered a jury trial where an employer's alleged use of false pretenses to access an employee's website violated the federal Stored Communications Act, which prohibits unauthorized access to an "electronic communication service." Report Link Balancing Property and Privacy Interests in the Modern Workplace [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - June 15, 2002 In today’s workplace, employees use e-mail, voicemail, companywide computer systems, the Internet, and other company property in performing their everyday tasks. * * * Unfortunately, employees do not always use company
property in an appropriate manner. Report Link Surveillance Video and Report Not Required to Comply with FRCA [PDF File].O'Melveny & Myers LLP - April 01, 2001 Discusses Salazar v. Golden State Warriors, __ F.Supp.2d __ (N.D. Ca. November 9,2000), in which the court held that a surveillance video of, and accompanying report about, an employee prepared by a private investigation firm falls outside the Fair Credit Reporting Act. Report Link Secret Tape Recordings in the Workplace–The Linda Tripp Phenomenon [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - February 22, 1999 Lengthy discussion regarding the legality of secret tape recording in the workplace. Report Link workplace privacy: four key principles to follow. Fredrikson & Byron, P.A. - January 01, 1997 Provides tips for employers to ensure that they do not violate employee privacy rights.
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ArticlesFound: 14 ArticlesNO SUBTOPICSEmployment Law Seminars
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July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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