Subscribe to Our FeedPre-Screening Job Applicants
As I noted in a recent blog post, New Jersey now prevents employers from asking applicants about criminal convictions in the initial job application and interview. Certain municipalities even have their own rules on the subject. However, this is only one of many laws pertinent to pre-screening job applicants that employers must be wary of. […]
New Jersey "Facebook Bill" Update
On March 21, the New Jersey General Assembly granted final legislative approval for bill A2878/S1915, commonly referred to as the “Facebook Bill”. If it becomes law, the Facebook Bill will prohibit employers from asking prospective or current employees to disclose their user name, password, or other means for accessing social networking websites. Prior to the […]
The Social Media Battle Between An Employer's Right To Know, and An Applicant's Right To Privacy.
Employer’s right to know vs. Applicant’s privacy rights.
EMPLOYMENT LAW – SOCIAL MEDIA UPDATE
The National Labor Relations Board (“NLRB”) recently affirmed the right of an employer to take action against its employees for posting negative comments about the employer on a social media page. While it may seem obvious that an employer would have the right to take action, questions began to arise on the subject after the […]
Reports and Materials Generated During Voluntary Compliance Audits May Be Discoverable in Litigation
In light of a recent Third Circuit decision, Craig v. Rite Aid Corp., No. 4:08-CV-2317 (M.D.Pa., Dec. 29, 2010), employers conducting voluntary compliance audits should proceed with caution, because any materials or reports generated during the process may be discoverable in subsequent litigation.
An Employer's Right to Monitor Text Messages, and Other Forms of Electronic Communications
Q: Can a public employer search an employee’s text messages? Under certain circumstances and the right policy in place, the United States Supreme Court says YES. A: On June 17, 2010, in City of Ontario v. Quon, No. 08-1332, the U.S. Supreme Court unanimously ruled that a California city’s search of a police officer’s text messages on a City […]
