Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device.
Photos, Videos and Surveillance
Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters
When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning the privacy interests individuals have in cellphones would be more broadly applied. In late June, a federal district court in Connecticut denied…
USA Soccer Team Players Monitored by GPS to Reduce Injury and Improve Productivity…a Tool for the Workplace?
As I write this post, the U.S. v. Belgium match is underway – a win is needed by the United States to advance to the quarterfinals of the 2014 World Cup. Most watching the game may not realize that GPS technology will be monitoring just about every movement taken by U.S. players on the field…
Restaurant Stakeout: A Sign of the Times for Workplace Monitoring?
The last couple of times I passed by the TV to see what the kids were watching, I was surprised not to see Spongebob Squarepants or the Yankee game (Michael and Grace have their separate interests, but they usually can agree on something, at least in the short term). Anyway, they happened to be intently…
The K5 Autonomous Data Machine Might Soon Be Securing and Monitoring Your Business
Developed by Knightscope, the K5 Autonomous Data Machine is a 5 foot tall, 300 pound robotic device designed to be “a safety and security tool for corporations, as well as for schools and neighborhoods,” as reported by the New York Times. While K5 may not yet be ready for prime time, its developers…
Oklahoma Joins Growing Number of States Limiting Employer Access To Personal Social Media Accounts
Add Oklahoma to the list of states prohibiting employers from requesting or demanding access to the personal social media accounts of employees or applicants. Signed into law by Gov. Mary Fallin, H.B. 2372 becomes effective November 1, 2014.
In addition to being prohibited from requesting or demanding usernames or passwords from employees or applicants to…
Louisiana Follows Wisconsin and Tennessee in Protecting Employee and Student Personal Online Account Access Information
Following the enactment of similar laws in Wisconsin and Tennessee earlier this year, Louisiana Governor Bobby Jindal signed HB 340, the Personal Online Account Privacy Protection Act, into law prohibiting employers and schools in Louisiana from demanding access to personal email, social media and other types of online accounts. The Act applies to…
Volunteer State (Tennessee) Prohibits Employers From Asking Employees, Applicants to Volunteer Access to Social Media, Internet Accounts
Effective January 1, 2015, Tennessee employers, including government entities, will be prohibited from requesting or requiring access to the private social networking or online accounts of employees and job applicants under the Volunteer State’s “Employee Online Privacy Act of 2014,” signed by Governor Bill Haslam. Our Tennessee colleagues outline the key provisions of the law…
Employers, the NLRB Wants Some Control Over Your Company Email
You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations…
Court Denies Access To Employee Social Media Accounts
If the intersection of social networking and workplace privacy laws piques your attention, you may find an article written by my colleague Michael Frankel particularly interesting. He writes about a recent case, Pecile v. Titan Capital Group, LLC out of New York, where the court refused to grant the defendants’ request for access to the…