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Tag Archives: Employee Privacy Rights

No Recording Policy Violates The NLRA

Posted in Employee Privacy Rights, Employment Contracts and Agreements

It stands to reason that employers may not want employees recording conversations in the workplace.  Recording conversations could discourage the free flow of open ideas.  The recordings could also contain confidential or sensitive information that the employer does not want floating around the digital universe.  In some states, recording workplace conversations may even be illegal… Continue Reading

Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools!

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Uncategorized, Wage & Hour

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading

San Francisco’s Board of Supervisors Severely Limits Employers’ Criminal History Checks and “Bans The Box”

Posted in Labor Law

The San Francisco’s Board of Supervisors has now prohibited the widely used criminal history check box for employment applications. Unless the Mayor vetoes it, the “ban the box” ordinance will become law no later than Thursday, February 13, 2014. In addition to banning the box, the new San Francisco legislation imposes a host of additional… Continue Reading

Upcoming Seminar: Employment Law Update

Posted in Labor Law

2013  – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014.  Sacramento Date:    January 16, 2014 Time:   9:00 a.m. –… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Hot off the print press –  Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available.   Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco).   Seating is limited so register early to reserve your spot.  Please contact… Continue Reading

Space Still Available for Upcoming Seminar: Risks and Benefits of Social Media and Computers in the Workplace

Posted in Employee Privacy Rights, Labor Law

Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers). They post their daily thoughts and activities, uploading photos and, occasionally, adversely impact their employers’ business. What can an employer do to protect itself without intruding on employee rights? Program Highlights Employer’s use of employee’s social… Continue Reading

Arrest and Conviction History: As to Banks and Financial Institutions, Is the EEOC’s Guidance Built on An Erroneous Foundation?

Posted in Employee Privacy Rights, Labor Law

By: Chuck Post and Lizbeth West The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)

Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” Poster

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations

By:       Lizbeth V. West, Esq. On August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

Governor Signs Bill Limiting Credit Checks of Employees and Applicants

Posted in Employee Privacy Rights, New Legislation and Regulations

By: Brendan J. Begley Making California the seventh state in the country to enact such a law, Gov. Jerry Brown signed Assembly Bill 22 on October 9, 2011. As reported here in a post dated August 18, 2011, this law bars most employers (except certain financial institutions) from using pre-employment credit checks in the hiring… Continue Reading

Weintraub’s L&E Law Blog is in the Top 25

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

By: Chuck Post Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results… Continue Reading

Join Weintraub attorney and SEAC Board Chair, Beth West, at the SEAC’s full-day fall seminar “From Twitter to Facebook: Avoiding the Risks of Today’s High-Tech Workplace”

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

Beth West, Board Chair of the Sacramento Employer’s Advisory Council, invites you to attend the SEAC’s all-day seminar, “From Twitter to Facebook: Avoiding The Risks of Today’s High-Tech Workplace,” at the Holiday Inn Capitol Plaza on October 24th, 2011.

Vote for Weintraub’s L&E Law Blog!

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Big news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. We need your help! Click here, log onto the Labor and Employment Law Community and then leave a comment at the bottom of the page saying “I vote for The Labor &… Continue Reading

LAW ALERT: As The Facebook Page Turns: The Continuing Drama Surrounding Employee Facebook Postings and the NLRA

Posted in Employee Privacy Rights, Retaliation and Wrongful Termination

With the TV networks cancelling daytime Soap Operas left and right, it seems up to the NLRB to provide us with our daily dose of drama. As has been previously reported here and in countless other articles, the National Labor Relations Board (“NLRB”) has been closely scrutinizing employers’ decisions to terminate employees for posts on Facebook. Until… Continue Reading

LAW ALERT: Employee Email Communications with Counsel Not Privileged According to Recent Third District Court of Appeals Decision

Posted in Employee Privacy Rights

In a decision that has already stirred substantial controversy, the California Court of Appeal recently held that an employee’s communications to her attorney are not privileged because they took place on her employer’s email system. Privileged communications cannot be discovered or used as evidence in a lawsuit. 

LAW ALERT: The NLRB’s Facebook Case: Employers Should Review Their Policies Dealing With Social Media

Posted in Employee Privacy Rights, Labor Law, Retaliation and Wrongful Termination

The National Labor Relations Board recently created significant uncertainty about the permissible scope of an employer’s social media policy. The Board issued a complaint against an employer who fired an employee for posting negative comments about her supervisor on her Facebook page.

Ninth Circuit Sides with Employee on Texting Issue: Quan v. Arch Wireless

Posted in Employee Privacy Rights

Quan v. Arch Wireless involved the use of employer-provided pagers in the Ontario Police Department in California. The official city policy stated that the department had the right to review messages officers sent using the pagers. The policy clearly stated that there was no privacy for any electronic messages at work, including email and text… Continue Reading