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Workplace Privacy Law: Competing Rights and Protections
Workplace Privacy Law: Competing Rights and Protections is a one-volume treatise that examines the evolving legal landscape governing employee and workplace privacy. Written from a practical, employer-focused perspective, it helps attorneys, in-house counsel and HR professionals navigate the competing rights and protections that arise as employers balance legitimate business interests with employee privacy in today's technology-driven workplace.
Publisher: Matthew Bender
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International Order InquiryWorkplace Privacy Law: Competing Rights and Protections examines the rapidly evolving legal landscape governing employee and workplace privacy from a practical, employer-focused perspective. Designed for attorneys, in-house counsel and employment law professionals, this one-volume treatise explores the competing rights and protections that arise as employers balance legitimate business interests with employee privacy in today's technology-driven workplace.
Covering the latest developments in workplace privacy law, the treatise addresses the legal issues employers face as technology, remote work and data collection continue to reshape the modern workplace. Readers gain practical analysis to help evaluate workplace privacy obligations, employee rights and employer responsibilities under federal and state law.
Whether advising employers on workplace policies, employee monitoring, electronic communications, biometric data, social media, background screening or emerging privacy issues, Workplace Privacy Law: Competing Rights and Protections provides practical guidance for navigating this complex and evolving area of employment law. Annual updates help keep practitioners informed of new legal developments and emerging trends.
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Chapter 1 Overview of Employee and Workplace Privacy
§ 1.01 Introduction
§ 1.02 Chapter Summaries
Chapter 2 Human Resources and Privacy
§ 2.01 Introduction
§ 2.02 General Personal Information
§ 2.03 Sensitive Personal Information
§ 2.04 Background Checks & Credit History Checks
§ 2.05 Prior and Subsequent Reference Requests
§ 2.06 “Ban the Box” Laws
§ 2.07 Biometric Privacy
§ 2.08 Investigations
§ 2.09 Compensation Discussions
§ 2.10 Conclusion
Chapter 3 Drug and Alcohol Testing and the Complexities of a Drug-Free Workplace
§ 3.01 Introduction
§ 3.02 Drug Testing in the Modern Age
§ 3.03 The Impact of Federal and State Regulations
§ 3.04 The Murkiness of Marijuana
§ 3.05 Random and Reasonable Suspicion Drug Testing
§ 3.06 Drug Testing in the Union Environment
Chapter 4 Testing and Employee’s Honesty
§ 4.01 Introduction
§ 4.02 Polygraph Testing
§ 4.03 Psychological, Honesty, Personality Testing
§ 4.04 Conclusion
Chapter 5 Physical Searches of Employees and Property
§ 5.01 Introduction
§ 5.02 Invasion of Privacy: Public, Private, and Unionized Employees
§ 5.03 GPS Tracking of Vehicles & Devices
§ 5.04 Video and Audio Surveillance
§ 5.05 Firearms in the Workplace
§ 5.06 Conclusion
Chapter 6 Electronic Searches
§ 6.01 Introduction
§ 6.02 Who Owns the Device?
§ 6.03 Information Security Policies
§ 6.04 Data Breaches
§ 6.05 Public Employers and the Fourth Amendment
§ 6.06 Private Employers and Intrusion
§ 6.07 The National Labor Relations Act and Employer Searches of Electronic Devices
§ 6.08 The Stored Communications Act
§ 6.09 Survey of State-Level Employee-Privacy Laws
§ 6.10 Emerging Issues
§ 6.11 Conclusion
Chapter 7 Sex, Gender, and Reproductive Privacy in the Workplace
§ 7.01 Introduction
§ 7.02 Sexual Orientation, Gender Identity, and Workplace Privacy
§ 7.03 Pregnancy, Abortion, and Reproductive Privacy
§ 7.04 Fetal Protection Policies
§ 7.05 Conclusion
Chapter 8 Medical Screening, Employee Medical Privacy & Accommodation
§ 8.01 Introduction
§ 8.02 Medical Privacy in the Workplace
§ 8.03 Workplace Health Requirements and Employee Accommodation Requests
§ 8.04 Management Takeaways: Handling Religious Objections to Health Requirements
§ 8.05 Conclusion
Chapter 9 Employee Social Media
§ 9.01 Introduction
§ 9.02 Section 7 of the National Labor Relations Act (“NLRA”)
§ 9.03 Social Media Related Terminations
§ 9.04 What Constitutes “Off Duty” or “Personal” Conduct
§ 9.05 Access to Employee Social Media Accounts and Monitoring
§ 9.06 Social Media Policy Considerations and Conclusion