Category: Privacy Rights

Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

What Does the California Attorney General’s New Investigative CCPA Sweep Mean for California Employers?

On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The CCPA did not...

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace – including adopting AI in human resources (HR) processes in the workplace. But, employers and HR departments should keep pace with federal...

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees.  Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees?  More generally, can you help me understand the appropriate, respectful terminology in this area?  I certainly don’t want to offend anyone on purpose,...

Quirky Question #216, Use of a Photograph of a Former Employee

Quirky Question #216, Use of a Photograph of a Former Employee

Question: A junior member of our marketing department left to join a competitor.  While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product.  We received a letter from the competitor demanding that we remove her picture from our brochures and website and delete her name on any company materials.  It would be very...

Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson On January 19, 2011, the United States Supreme Court decided the case of NASA v. Nelson, No. 09-530. The Court unanimously (a six justice majority, two concurring opinions, and Justice Kagan recusing herself), held that it did not violate the Constitution for employees of a government contractor to be...

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Question: This question is not especially “quirky.” I know that last year, you described the important employment cases that the U.S. Supreme Court was going to consider in the following year. I’ve seen a lot of press recently about the Walmart-Dukes case. What other employment cases will the Supreme Court be considering next term?