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Six Recent NLRB Cases Provide Further Insight on Structuring Employers' Social Media Policies

Employers, struggling to regulate employees’ work-related social media postings, recently suffered a string of defeats in National Labor Relations Board (NLRB) cases challenging their social media and related communications policies.  The six cases, decided in the past two months, which resulted in five losses and only one victory for employers, demonstrate that the NLRB continues to use social media and other common communications policies as a vehicle to aggressively inject itself into the non-union workplace as the number of unionized workers continues to diminish. ...

Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015.  The new law will restrict the timing of pre-employment inquiries by Illinois employers about a job applicant’s criminal past.  The Act reflects the ongoing trend, at both the state and local level, toward so-called “Ban-the-Box” laws that have been enacted across the nation. The Equal Employment Opportunity Commission (EEOC) also has endorsed this limitation in its updated guidance regarding...

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a warrantless search of a smartphone seized incident to an arrest. The ruling turned largely on the Supreme Court's interpretation of a long-established exception to the Fourth Amendment's warrant requirement. Although the Fourth Amendment and the relevant exception will rarely apply to private employers, the high court's decision remains highly relevant for...

Alabama Employers May No Longer Consider Certain Criminal Records for Hiring Purposes

How and when employers can request and use a person’s criminal record information during the hiring process and for other employment purposes has become a hot topic over the last few years at the federal, state and local level.  In the last 18 months, various states and cities have enacted legislation regulating when an employer can seek criminal record information in the hiring process, what information can be sought and how the information can be used.1 Moreover, so-called “ban-the-box” legislation has been sent to the Governors of Illinois and New Jersey, and similar...

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating the patchwork of state password protection laws already in place.On May 21, 2014, Oklahoma Governor Mary Fallin signed H.B. 2372, making Oklahoma the fifteenth state to impose restrictions on employers’ access to the personal social media content of applicants and employees.  Two days later, Louisiana Governor Bobby Jindal signed the Personal...

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Format: 2014-07-26
Format: 2014-07-26