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 State Employment Law Articles
Report Link Company Violated Federal Law by Accessing Employee’s Invitation-Only MySpace Chat Group Without Authorization.Ogletree Deakins - October 15, 2009 In an unpublished opinion, a federal district court in New Jersey has upheld a jury verdict in which a company was found liable for violating the federal Stored Communications Act (SCA). The violation occurred when the company’s managers intentionally accessed a “chat group” on an employee’s MySpace account without having received authorization from the MySpace member to join the group. Further, the court upheld the jury’s finding of malicious conduct, which supported an award of punitive damages. Report Link Bill to Provide Victims of Identity Theft with Additional Remedies.Ogletree Deakins - February 13, 2009 A bill (S2175) concerning victims of identity theft was approved by the Senate Judiciary Committee on January 26, 2009. The bill would provide victims of identity theft with additional remedies of reasonable attorneys’ fees, expenses and other litigation costs associated with the following: (1) clearing an identity theft victim’s credit history or credit rating; and (2) satisfying any debt, lien, or other obligation the victim incurred as a result of the defendant's actions. Report Link Proposed Regulations Issued to Implement the New Jersey Identity Theft Prevention Act.Ogletree Deakins - January 20, 2009 In response to the growing problems of identity theft, the New Jersey Division of Consumer Affairs has published proposed regulations implementing provisions of the New Jersey Identify Theft Prevention Act (ITPA), N.J.S.A. 56:11-44. Report Link Employee Desk Search Not an Invasion of Privacy.Ogletree Deakins - September 10, 2008 An employee was terminated for violation of the company firearms policy after a pellet gun and ammunition were found in his locked desk. Report Link New Jersey Supreme Court Expands Individual's Right to Privacy.Jackson Lewis LLP - May 05, 2008 In a case of first impression, the New Jersey Supreme Court has ruled that Internet users have a constitutional right to privacy with respect to subscriber information they provide to Internet service providers ("ISP"). The Court in New Jersey v. Shirley Reid held that law enforcement officials may obtain such information only by serving a grand jury subpoena on the ISP. This April 21, 2008, decision likely will make it more difficult to prosecute, in certain circumstances, an employee that tampers with employer information systems. The case highlights the need for employers to reexamine their policies and procedures for employee use of company information systems and the expectation of privacy of employees in the workplace. Report Link New Jersey Enacts Tough Legislation to Combat Identity Theft.Jackson Lewis LLP - March 13, 2006 In one of his final actions as the Governor of New Jersey, Richard J. Cody signed the New Jersey Identity Theft Prevention Act, which took effect on January 1, 2006. The ITPA seeks to safeguard sensitive and identifying personal information, such Social Security numbers, from being wrongly intercepted and intentionally misused for such purposes as gaining access to bank and credit card accounts, opening new accounts, taking out a loan, renting an apartment, or even perpetrating other crimes. Report Link New Jersey Court Holds Employer Responsible to Third Party for Harm Caused by Employee's Internet Use.Jackson Lewis LLP - January 25, 2006 A New Jersey appeals court has ruled an employer may be liable for harm to third persons as a result of an employee's activities on a company-issued computer. Although employers typically are not responsible for the activities of employees outside the scope of their employment, in Doe v. XYC Corporation, the court found the employer had a duty to report the employee's Internet activities involving child pornography to the proper authorities and to take effective internal action to stop them. [N.J. Super. Ct. App. Div., No. A-2909-04T2 (December 27, 2005).] Report Link Employers Have Duty To Investigate Worker's Online Pornography Viewing (pdf).Ogletree Deakins - January 10, 2006 In a decision that imposes broad obligations on employers, the New Jersey Appellate
Division ruled last week that a company could be held liable for damages suffered by a
victim of child pornography where it failed to investigate reports that an employee was
viewing child pornography online while at work. The court held that an "employer who is on
notice that one of its employees is using a workplace computer to access pornography,
possibly child pornography, has a duty to investigate the employee's activities and to take
prompt and effective action to stop the unauthorized activity." Finding that employees do
not have privacy interests that would prohibit inspection of their workplace computers, the
court held that an employer that fails to investigate information that an employee is viewing
child pornography on the Internet while at work may be liable to a person subsequently
victimized by the employee. Report Link New Jersey Identity Theft Prevention Act Takes Effect January 1 (pdf).Vedder Price - January 04, 2006 New Jersey’s Identity Theft Prevention Act (ITPA), effective January 1, 2006, creates new responsibilities for employers regarding the handling and disposal of personal information received from employees and other individuals. Specifically, the ITPA (1) imposes a duty to destroy records that contain personal information and that are no longer to be retained, (2) imposes a duty to disclose unauthorized access to personal information to New Jersey police and to those individuals whose personal information may have been accessed, and (3) controls employers’ display and use
of Social Security numbers. Additionally, the ITPA provides an individual with the ability to implement a “security freeze,” thereby limiting third-party access to his or her consumer reports.
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March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
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