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Louisiana Employers Are Restricted in Their Ability to Consider Certain Criminal Records for Employment Purposes

Effective August 1, 2014, Louisiana became another state to regulate employer use of criminal record information for employment purposes.  Under the new law, expunged records of arrests of convictions are now considered confidential and no longer part of the public record.  Those records also cannot be made available to any person or entity except:To members of law enforcement or criminal justice agencies or prosecutors investigating, prosecuting or enforcing criminal law or for other statutory purposes;Upon entry of a court order;To the person whose record has been expunged, or his...

California Takes the Lead Again in Data Breach Laws

California has taken the lead once again in the area of data breach notification laws. In 2002, California was the first state to pass a law requiring companies to notify affected individuals of the breach of their personal information. On September 30, 2014, California’s governor signed into law the first statute requiring businesses to provide free identity theft prevention services to subjects of a breach. The California legislation responds to the recent, alarming increase in reports of breaches involving personal information. A May 2014 study by the Ponemon Institute found...

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes to regulating employees’ off-duty social media posts about work.  The National Labor Relations Board’s (NLRB or the Board) recent decision in Three D, LLC (Triple Play), 361 NLRB No. 31 (2014), answered two of those questions:  (1) How far can employees go when posting social media content protected under Section 7 of the NLRA before their posts...

Ten Tips for Preparing an Effective Acceptable Use Policy

Corporate computers and information and communications systems (collectively, "electronic resources") remain the workhorse for most businesses, even as alternatives, such as third-party text messaging services, external social media, and cloud computing, flourish. Employees rely on corporate electronic resources for e-mail, calendaring, business contacts, Internet access, document creation and storage, and a multitude of other business applications. Consequently, for employers, it is critical to establish and maintain their right to inspect all information stored on, and to monitor...

Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to Rely on Criminal Records for Employment Purposes

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. In fact, the new District of Columbia law is one of the few in the United States that restricts the ability of private sector employers to screen applicants on the front end (i.e., before an interview or an offer). The law does this by prohibiting employers from both inquiring about criminal history information during the application...


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Format: 2014-10-31
Format: 2014-10-31