News & Analysis as of

Employee Privacy Rights

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

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The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Court of Justice Ruling on Works Agreements: Reinforcing GDPR Compliance in the Workplace

The European Court of Justice (ECJ) recently delivered a decision that significantly impacts how employers and works councils across the European Union approach the processing of employee data. The ruling clarifies that works...more

Tucker Arensberg, P.C.

AI in the Workplace: Navigating the Legal Minefield in the Digital Gold Rush

Tucker Arensberg, P.C. on

Artificial intelligence is transforming the workplace — but the law is struggling to keep up. In industries like steel and manufacturing, where efficiency, safety, and workforce management are paramount, the adoption of AI...more

Proskauer - Law and the Workplace

Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act

Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination.  However, federal law provides protections for employees based on their genetic information and that of...more

Pullman & Comley - Labor, Employment and...

The FOIA and Eliminating Positions/Employees

Among other things, the FOIA provides that a public agency may enter into executive session for the purpose of discussion “concerning the appointment, employment, performance, evaluation, health or dismissal of a public...more

Downs Rachlin Martin PLLC

Protecting Your Team's Data: What Every Employer Needs to Know

Let’s talk about something that doesn’t get enough attention: protecting your employees’ sensitive personal information. In today’s digital world, keeping your team’s data safe isn’t just a nice-to-have—it’s absolutely...more

Pullman & Comley - Labor, Employment and...

When Employees Behave Badly: So, What Must Be Turned Over to the Public?

As those familiar with the Connecticut Freedom of Information Act (FOIA) know, under the law the vast majority of public-employee personnel related records are subject to disclosure upon request.  Nowhere is this more evident...more

Mintz

[Podcast] Mintz On Air: Practical Policies - Investigations Unscripted

Mintz on

Member Jen Rubin is joined by Member Natashia Tidwell for an unscripted conversation about conducting effective workplace investigations. This episode is part of a series of conversations designed to help employers navigate...more

Baker Donelson

AI in HR Investigations: Game-Changer or Pandora's Box?

Baker Donelson on

The term Artificial intelligence (AI) might be the phrase of 2025. It's written and spoken about everywhere by everyone, and essentially markets itself as the newest, shiniest, and most efficient tool for every industry to...more

CDF Labor Law LLP

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

CDF Labor Law LLP on

The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with...more

Parker Poe Adams & Bernstein LLP

Can Employees Refuse to Use Personal Smartphones for Work Tasks?

Recently, we had interesting questions from a client that was implementing two-factor authentication for employees to access the company’s information systems. The process requires employees to install the authentication app...more

Cooley LLP

How to (Appropriately) Use AI to Take Notes

Cooley LLP on

Recently, I blogged about considerations to ponder when deciding which situations are appropriate to use AI to help you take notes. I offered the reasons why it’s never appropriate to use AI to take notes at board and board...more

Lippes Mathias LLP

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

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In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

FordHarrison

EntertainHR: Tick tock, TikTok: Why Employers Should Evaluate Social Media Policies  

FordHarrison on

TikTok is home to many viral video trends, including “day in the life” and “story time” videos. “Day in the life” videos frequently contain short, collected clips of a user’s day with music, text, or voice-overs explaining...more

Fisher Phillips

Workplace Surveillance Bill Clears Maine Legislature, Awaits Governor’s Nod

Fisher Phillips on

The Maine Legislature recently passed a bill that could soon place new limits on employers’ ability to conduct surveillance in the workplace and create new categories of enforcement action state labor officials. Due to the...more

Benesch

Dental/DSO Intelligence Monthly Report: July 2025

Benesch on

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those...more

Ervin Cohen & Jessup LLP

A New Era for Workplace Surveillance?

California is adapting to the prevalence of technology in the modern workplace – especially artificial intelligence – as these digital tools become more embedded in business infrastructure. ...more

DLA Piper

Italy: Garante Issues Fine for Use of Employee’s Private Chats in Disciplinary Actions

DLA Piper on

The Italian Data Protection Authority (Garante) has fined a company EUR 420,000 for violating privacy laws in the workplace. The decision focuses on the employer’s use of content from Facebook, WhatsApp, and Messenger— shared...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding...more

Jackson Lewis P.C.

We get Privacy for work: The Privacy Pitfalls of a Remote Workforce

Jackson Lewis P.C. on

Remote work has given employers and employees pathbreaking flexibility, but it has also raised a host of data and employee privacy concerns....more

Dickinson Wright

Washington State Expands Employee Access to Personnel Files

Dickinson Wright on

Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

Venable LLP on

Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

Stikeman Elliott LLP

Employee Privacy: Right to Access Personnel Files

Stikeman Elliott LLP on

One area of practical importance to employers is an employee’s right to examine material contained in his or her personnel file. Often times an employee will request a copy of his or her employee personnel file. Sometimes the...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Morgan Lewis

Communication Tools in a Digital Age: How Might a Works Council Interface with Employees?

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In a time of ultra-connected communication tools and work from home, the access rights of a France-based company’s works council (WC) to its electronic and internal communication resources is a necessity now more than ever....more

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