Tag Archives: employer

New Ruling in European Employee Monitoring Case

On September 5, 2017, the Grand Chamber of the European Court of Human Rights (“ECtHR”) issued its ruling on appeal in the case of Bărbulescu v. Romania, concerning alleged unlawful workplace monitoring of Mr. Barbulescu’s private communications. Overturning the ECtHR’s prior ruling in the case (covered by Inside Privacy here), the Grand Chamber held that … Continue Reading

EU Article 29 Working Party Releases Extensive GDPR Guidance on Data Processing at Work

By Dan Cooper and Rosie Klement The EU’s Article 29 Working Party (“WP29”) has issued new guidance on data processing in the employment context (available here).  Adopted on June 8, 2017, the guidance primarily takes account of the existing data protection framework under the EU Data Protection Directive (Directive 95/46/EC), but also considers the developments coming … Continue Reading

Video: A Conversation with Covington about the Latest NLRB Facebook Case

Meena Harris, a member of Covington’s Global Privacy and Data Security Practice Group, spoke with LXBN TV about the National Labor Relations Board’s recent ruling that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  You can view the interview here.… Continue Reading

NLRB Finds Employee’s Facebook “Like” and Comment Protected By Labor Law

Last Friday, the National Labor Relations Board (“NLRB”) ruled that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  In the Facebook discussion that prompted the firings, a former employee complained in a status update that she owed more taxes than expected because … Continue Reading

Covington Event: Insurance Coverage for Employment-Related Liabilities

Employees’ use of social media and other online services in their professional and personal lives has increased the risk of an employee bringing claims against a current or former employer.  In the past three years, for example, employers have had to defend against claims related to ownership of social media accounts used by former employees … Continue Reading

FTC Enters into Consent Order with Spokeo over Fair Credit Reporting Act Violations

Yesterday, the Federal Trade Commission entered into a consent decree with Spokeo, Inc., for violations of the Fair Credit Reporting Act.  As reflected in the FTC staff blog post, the FTC’s action against Spokeo is the first FCRA case to address the sale of data collected from online sources, including social media, in the context of employee … Continue Reading

N.J. Federal Court: Privacy Claim Based on Coerced Access to Employee’s Facebook Posts May Proceed

A federal district court in New Jersey ruled this week that an employer might have invaded an employee’s common-law privacy rights by coercing a co-worker into giving the employer access to the employee’s Facebook profile. The plaintiff, a nurse and paramedic employed by a non-profit hospital service corporation, alleges that her supervisor forced a co-worker … Continue Reading

Maryland and Illinois Introduce Bills to Limit Employer Access to Employees’ Social Networking Accounts

Lawmakers in Maryland and Illinois have introduced bills that would prohibit employers from requiring job applicants or employees to grant access to their social networking accounts.  The bills arose from reports that employers have impliedly or explicitly required access to social networking accounts as a condition of hiring or employment. A few bills have been … Continue Reading
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