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Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. In two companion cases that arose outside of the employment context, the Illinois Supreme Court invalidated Illinois' eavesdropping statute, 720 ILCS 5/14-2 (the "Statute"), reasoning that its broad prohibition against all non-consensual recording of conversations and publishing those recordings violated the First Amendment of the United States Constitution.  ...

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments, they also are bound by the data privacy requirements of French law, which can be at odds with U.S. whistleblowing laws. The French data protection authority (La Commission Nationale de l'Informatique et des Libertés or "CNIL") periodically issues guidelines that provide some clarity on how employers can resolve this conundrum. On January 30, 2014, the CNIL finalized...

San Francisco's Board of Supervisors "Bans The Box" and Further Complicates Criminal History Checks by the City's Employers

On Friday, February 14, 2014, Mayor Ed Lee enacted the amendments by signing them into law.Yet another legislative body, San Francisco’s Board of Supervisors, is ready to “ban the box,” the widely used criminal history check box on employment applications.  A new ordinance, which is set to be approved by the Board of Supervisors tomorrow and then sent to the Mayor for his signature, would make San Francisco the ninth jurisdiction to enact ban-the-box legislation applicable to private employers. In addition to banning the box, the new San Francisco legislation...

Workplace Privacy 2014: What’s New and What Employers May Expect

New laws that went into effect on January 1, 2014, are a harbinger of what employers may expect to see in the coming year regarding workplace privacy: more restrictions on access to applicants’ and employees’ criminal history, credit information, and personal social media content.  To further complicate the challenges of addressing privacy in the workplace, employers will be required to grapple with next-generation issues raised by the use of social media as a business tool and the increasing adoption of “bring-your-own-device” (BYOD) programs.  As reflected...

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation.  The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its adolescence.  FCRA claims against employers, even class action lawsuits, are far from novel.  Historically, though, such employment claims were infrequent and did not distract the plaintiff's bar from the feeding frenzy provided by wage and hour laws.  Now, the storm clouds undoubtedly are gathering under the FCRA, and thus the investment by...

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Format: 2014-04-19
Format: 2014-04-19