Category Workplace Privacy

Pitt v. Kmart Corp.

Employers utilizing background-screening services in their hiring practice must adhere to consent and notice procedures prescribed by the Fair Credit Reporting Act (FCRA). Before an applicant may be denied employment based on the findings of a background screening the employer must provide proper notice of the intent to search and obtain a written consent by […]

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CVS To Penalize Workers Who Do Not Share Private Health Statistics

By Joanna Solloway CVS has recently implemented a new policy that requires employees to report health information including height, weight, body fat, blood pressure, and other health indicators.  Those employees who refuse to submit such information will be fined $50/month.  Such policies are not uncommon among employers looking to cut healthcare costs.  Some companies already […]

In Re New York Party Shuttle, LLC

Employer was found to have terminated an employee in violation of the National Labor Relations Act when the employee used email and social media to try and start a union. Pflantzer was fired after he contacted other employees about starting a union and posted on a closed facebook page for NYC Tour Guides and sent […]

The Problem with At-Will Firing and Wearing the Color Orange

In the United States, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. Florida, like many other states, is an at-will state. This means the employer can terminate the relationship at any time, leaving the employee with very limited legal rights to fight against termination. […]

UPDATE: Maryland Protects Employees’ Facebook Password Privacy

The Maryland State Senate unanimously passed a bill titled, “Labor and Employment – Username and Password Privacy Protection and Exclusions.” If Governor O’Malley signs it, Maryland will become the first state to prohibit employers from requiring potential candidates to provide passwords to their Facebook accounts. The bill, which “Prohibit[s] an employer from requesting or requiring […]

NLRB Decides That Social Media Rule at G4S is “Too Restrictive”

In the era of social media, the boundaries between public and private information seem less clear.  Corporate giants like Google save and track the most personal information in the name of profitability.  Meanwhile, individual users share more and more information with the general public—including everything from the inane to the profane. With so much information […]

Stop & Shop Anti-Social Media Rules Hurts Unions

Where the law protects workers’ rights to organize, rules written in vague language create confusion and do not allow the law to carry out its purpose. This phenomenon can be observed in the introduction of social media to labor and employment contexts. A key element in worker organization is communication and social media provides yet […]

Employers Asking for Facebook Passwords May Be Unethical, Illegal

Tell me a little bit about yourself. What’s your greatest strength? What’s your biggest weakness? What’s your Facebook password? Come again? In a world where social media has taken over communication in a form similar to that of King Kong hovering over New York City from the top of the Empire State Building, how much […]

Reprisal for Whistleblowing: FDA Former Employees File Federal Lawsuit

Six current and former employees of the Food and Drug Administration (FDA) filed a federal lawsuit against the agency in January, alleging that high-level officials within the FDA intercepted their private correspondence to effectively interfere with their ability to “blow the whistle” on government misconduct. In 2008, FDA employees, including scientists, experts and physicians, started […]

NLRB Comments on Social Media Communications as Protected Activity or Not

On January 25, 2012, National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon issued its second report on social media.  As the pace of technology continues to accelerate, judicial bodies continue to encounter new factual situations that have begun to shape the law concerning social media.  The report was issued in the form of […]