When assisting businesses with the commercial aspects of the California Consumer Privacy Act, we advise them that this same law, with “consumer” in its name, also applies to data related to job applicants, employees, contractors, and other California state residents. Some are surprised, but we get to work addressing some nuanced issues, as some
employment
White House Publishes Steps to Protect Workers from the Risks of AI
Last year the White House weighed in on the use of artificial intelligence (AI) in businesses.
Since the executive order, several government entities including the Department of Labor have released guidance on the use of AI.
And now the White House published principles to protect workers when AI is used in the workplace.
The…
President Biden Issues Executive Order Regarding the Development and Use of AI
On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI safety and security. The EO builds on principles set forth last year in the White House’s Blueprint for an AI Bill…
“Liking” A Facebook Page Is Not Protected By The First Amendment
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection.
Sheriff B.J. Roberts of the Hampton…
Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner. 
In Rene v. G.F. Fishers, Inc.…