The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment applicants. The decision broadens the scope of information that the EEOC can obtain during its investigations and gives the EEOC further grounds to investigate beyond what is arguably “necessary” to make a determination on an EEOC charge.
Continue Reading Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations
Privacy
Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
By Ramona Carrillo on
Posted in FMLA and Other Leaves of Absence, Labor Law
Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed (full opinion may be found here: http://www.ca6.uscourts.gov/opinions.pdf/12a1152n-06.pdf).Continue Reading Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating
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 permissible. Below is a summary of the employment-related legislation that goes into effect on January 1, 2012 (except where noted).Continue Reading 2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating
Ninth Circuit Sides with Employee on Texting Issue: Quan v. Arch Wireless
By Labor & Employment on
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…