Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over
What Does The Supreme Court’s Ruling In US v. Jones Mean For GPS Tracking By Employers?
Last summer we reported that an employer may under California law use GPS devices to track employer owned or leased vehicles. We recently revisited this issue in light of the U.S. Supreme Court’s unanimous ruling in United States v. Jones. Although Jones does address the use of GPS devices to track vehicles, the holding
Ninth Circuit Agrees To Rehear Computer Data Fraud Case
This blog post was authored by Alison Carrinski
In May we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals examined whether an employee violates the federal Computer Fraud and Abuse Act (CFAA) when misappropriating data from an employer’s computer system in violation of the employer’s
New Limits On Employer Use Of Consumer Credit Reports
This guest post was authored by Julie L. Strom
Effective January 1, 2012, AB 22 places new limitations on when an employer is allowed to use a consumer credit report as a basis for employment decisions, and imposes disclosure requirements on employers who use such reports. The new law specifically lists job positions where
NLRB Provides Guidance On Regulating Employee Use Of Social Media
This post was co-authored by Elizabeth Arce
It seems that every time you turn on the news some new technological innovation is being announced. For example, recent weeks have seen the unveiling of new tablet computers and smartphones. In addition, social media platforms such as Facebook and LinkedIn are constantly announcing upgrades to their
Court Rules Metrolink May Monitor Locomotive Engineers Via Audio/Video Surveillance
This guest post was authored by James E. Oldendorph Jr.
In October 2009, Metrolink installed two inward-facing cameras in all of its locomotive cabs. While one of the inward-facing cameras records the control panel and gauges, the other is located seven to eight feet from where the locomotive engineer is seated inside the cab and captures a 270 degree span of the interior of the cab, including a view of the engineer. There is also a forward-facing camera which does not capture any activities or sounds in the locomotive cab, but records video images of the rail right of way, tracks, and train signals. Metrolink installed cameras and microphones in its locomotive cabs in the wake of the tragic Chatsworth railroad collision of September 12, 2008, involving a Metrolink train in which 25 people were killed and over 100 injured. The National Transportation Safety Board determined that the collision was caused in part by an engineer using a cell phone to send text messages while operating the train.
On October 20, 2009, the union for a class of Metrolink locomotive engineers, and one individual engineer, sued seeking declaratory and injunctive relief against Metrolink and the removal of the cameras from the locomotive cabs. The plaintiffs contended that the engineers had a reasonable expectation of privacy in the locomotive cabs, and that Metrolink’s audio and video monitoring system violated the engineers’ procedural and substantive due process rights. Plaintiffs also asserted that Metrolink’s actions were preempted by state law.
On June 1, 2011, Los Angeles County Superior Court Judge Luis A. Lavin granted Metrolink’s motion for summary judgment on all causes of action, finding that there were no issues of material fact warranting trial. This ruling resulted in a victory for Metrolink on all claims and judgment in its favor.
Judge Lavin found that Metrolink’s camera policy and system did not violate the engineers’ constitutional right to procedural due process because they failed to establish that they were deprived of any life, liberty or property interest or of any statutorily conferred benefit, and failed to establish that the camera policy undermined their collective bargaining agreement with their employer, Amtrak. Plaintiffs further could not show that Metrolink’s policy and system violated their substantive due process rights in that they failed to show any form of outrageous or egregious conduct constituting a true abuse of power on the part of Metrolink. Additionally, Judge Lavin determined that Metrolink’s implementation of the camera policy reasonably related to a proper legislative goal of promoting safety on the railways.Continue Reading Court Rules Metrolink May Monitor Locomotive Engineers Via Audio/Video Surveillance
Computer Use Policies More Important Than Ever: Employee Liability Under The Computer Fraud And Abuse Act
This guest post was authored by Alison Carrinski
The U.S. Ninth Circuit Court of Appeals recently held in U.S. v. Nosal that an employer may sue for damages under the federal Computer Fraud and Abuse Act (CFAA) when an employee’s computer or data use exceeds authorization provided by the employer.
Section 1030(a)(4) of the CFAA
Smokers Need Not Apply: Good Idea Or Illegal?
Hospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers. This practice goes far beyond merely banning employees from smoking in the workplace. Rather, these employers are actually telling smokers that they need not apply for employment at all, or that
10 Things Employers And Employees Should Know About Social Media
This post was co-authored by Elizabeth Arce
The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers. The New York Times reported recently that even commanders in our Armed Forces have expressed concern about troops playing with iPhones and BlackBerrys when they should be working. Because
NLRB Case Involving Firing Over Facebook Post Settles
This week the National Labor Relations Board (NLRB) announced that a settlement has been reached in a closely watched case involving the firing of an ambulance service employee for posting negative comments about her supervisor on her Facebook page. This case created a buzz among employers throughout the nation. Given the prevalence of social