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Privacy in Employment Law

Privacy in Employment Law
Author: Matthew W. Finkin
Publisher: BNA Books (Bureau of National Affairs)
Total Pages: 578
Release: 1995
Genre: Confidential communications
ISBN:

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Provides a detailed guide to U.S. legislation relating to privacy in the employment relationship. Includes sample business forms which illustrate the application of the law in practice.


Workplace Privacy

Workplace Privacy
Author: Jonathan Remy Nash
Publisher: Kluwer Law International B.V.
Total Pages: 778
Release: 2010-01-01
Genre: Law
ISBN: 9041131639

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Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.


The Right to Privacy in Employment

The Right to Privacy in Employment
Author: Marta Otto
Publisher: Bloomsbury Publishing
Total Pages: 256
Release: 2016-11-03
Genre: Law
ISBN: 1509906134

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At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.


Privacy in the Workplace

Privacy in the Workplace
Author: Jon D. Bible
Publisher: Praeger
Total Pages: 328
Release: 1990-10-24
Genre: Business & Economics
ISBN:

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Just a few years ago, the concept of job-related privacy was barely recognized by the law and virtually unknown to most employers. Under the legal doctrine of employment-at-will, the conditions of most employment were dictated by employers, and workers held their jobs at the discretion of their superiors. In the past two decades, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. This book examines the multi-faceted concept of workplace privacy, helping employers and workers to appreciate each other's legal rights, and offering practical suggestions for avoiding legal pitfalls. A number of general privacy-related issues are addressed in the volume, including how to balance employee privacy interests with business needs, what adjustments should be made in regard to illicit drugs and drug testing, and the role of computers in monitoring employees. In language stripped of as much legal jargon as possible, Jon Bible and Darien McWhirter discuss some basic aspects of our legal system and consider why employee screening attracts so much attention today. They review factors that impinge on an employer's right to screen and trace the evolution of the privacy concept from its 1890 recognition as a legal article to its current applications in the field of employment law. Finally, they explore the privacy implications of specific employment screening devices, such as AIDS, drug, and polygraph testing, as well as on-the-job surveillance and lifestyle activity interference. Extensive references are supplied at the end of each chapter, and an appendix containing the entire text of the Americans with Disabilities Act of 1990 is also included. This study of an important legal issue will be a valuable reference source for the personnel and human resource professionals in most businesses, as well as for any employees who wish to further understand this complicated subject. Students of business and employee relations will also find it to be an important resource, as will both academic and public libraries.


Employee Privacy Law and Practice

Employee Privacy Law and Practice
Author: Kurt H. Decker
Publisher: Aspen Publishers
Total Pages: 584
Release: 1987
Genre: Law
ISBN:

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This legal guide provides in-depth discussion of the conflicting requirements of employee confidentiality and employment information disclosure. it covers the rights and liabilities of hiring privacy topics such as: Credit checks Medical and drug testing Genetic screening Polygraph testing. This reference has been cited in important employee privacy court cases.


Your Rights in the Workplace

Your Rights in the Workplace
Author: Barbara Kate Repa
Publisher: NOLO
Total Pages: 514
Release: 2002
Genre: Employee rights
ISBN: 9780873378369

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Your rights in the workplace.


Employment Law

Employment Law
Author: Timothy P. Glynn
Publisher: Aspen Publishing
Total Pages: 1263
Release: 2023-01-31
Genre: Law
ISBN: 1543857787

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, by Timothy Glynn, Charles Sullivan, Charlotte Alexander, and Rachel Arnow-Richman, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and problems examine the laws that are intended to balance the competing interests and contractual obligations of employers and employees. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Exercises in planning, drafting, advising, and negotiating develop practice-ready transactional lawyering skills. New to the Fifth Edition: Important Supreme Court and lower court cases in key areas including the whistleblower and antiretaliation protections, workplace privacy and speech, antidiscrimination laws, disability and other accommodations, noncompetition agreements and intellectual property workplace health and safety, and mandatory arbitration clauses Addition of cases and note materials on hot topics including developments in competition law, new workplace legal issues and disputes arising from the COVID-19 pandemic, the scope of employment protections in the contemporary economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of emergent communications and monitoring technologies, structural and unconscious bias in the workplaces, and innovations in accommodating workers’ lives Updated practice-oriented problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas


MLRC 50-State Survey: Employment Libel & Privacy Law 2012

MLRC 50-State Survey: Employment Libel & Privacy Law 2012
Author: Inc. The Media Law Resource Center
Publisher: OUP USA
Total Pages: 0
Release: 2012-03-22
Genre: Law
ISBN: 9780199915385

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Updated and published annually, Employment Libel and Privacy Law 2012 is an easy-to-use compendium of the law used by journalists, lawyers and judges, and law schools nationwide. Each state's chapter is prepared by experts in that jurisdiction and is presented in a uniform outline format. Employment Libel and Privacy Law 2012 provides comprehensive information on the law in all 50 states, the District of Columbia, and Puerto Rico, as well as surveys on the law at the Federal level.


Employment Privacy Law in the European Union

Employment Privacy Law in the European Union
Author: Catarina Castro
Publisher: Intersentia nv
Total Pages: 330
Release: 2002
Genre: Data protection
ISBN: 9050952399

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This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.


The Right to Privacy in Employment

The Right to Privacy in Employment
Author: Marta Otto
Publisher:
Total Pages:
Release: 2016
Genre: Employee rights
ISBN: 9781509906147

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Employee privacy : United States law -- The right to privacy : in search of the European model of protection -- Employee's privacy in Canada -- The right to privacy in employment : an enquiry into the foundation of the contemporary paradigm of employees' privacy