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Public Employee Privacy


Public Employee Privacy
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Public Employee Privacy


Public Employee Privacy
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Author : James Baird
language : en
Publisher: Section of State & Local Government Law
Release Date : 1995

Public Employee Privacy written by James Baird and has been published by Section of State & Local Government Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.




Workplace Privacy


Workplace Privacy
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Author : Jonathan Remy Nash
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

Workplace Privacy written by Jonathan Remy Nash and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


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.



Employee Privacy Law And Practice


Employee Privacy Law And Practice
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Author : Kurt H. Decker
language : en
Publisher: Aspen Publishers
Release Date : 1987

Employee Privacy Law And Practice written by Kurt H. Decker and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.


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.



Privacy In The Workplace


Privacy In The Workplace
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Author : Jon D. Bible
language : en
Publisher: Praeger
Release Date : 1990-10-24

Privacy In The Workplace written by Jon D. Bible and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-10-24 with Business & Economics categories.


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.



The Right To Privacy In Employment


The Right To Privacy In Employment
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Author : Marta Otto
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03

The Right To Privacy In Employment written by Marta Otto and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.


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 Employment Law


Privacy In Employment Law
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Author : Matthew W. Finkin
language : en
Publisher: BNA Books (Bureau of National Affairs)
Release Date : 1995

Privacy In Employment Law written by Matthew W. Finkin and has been published by BNA Books (Bureau of National Affairs) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Confidential communications categories.


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.



Privatizing Workplace Privacy


Privatizing Workplace Privacy
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Author : Paul M. Secunda
language : en
Publisher:
Release Date : 2014

Privatizing Workplace Privacy written by Paul M. Secunda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.


Perhaps “the” question in this age of workplace technological innovation concerns the amount of privacy employees should have in electronic locations in the workplace. An important related question is whether public-sector and private-sector employees, who have different legal statuses under the state action doctrine, should enjoy the same level of workplace privacy. Recently, in the Fourth Amendment workplace privacy case of City of Ontario v. Quon, the United States Supreme Court considered both of these questions. Quon involved alleged privacy violations by a city police department when it audited an officer's text messages from his city-issued pager.In a cryptic decision, Justice Kennedy held for a unanimous Court that assuming the officer had a reasonable expectation of privacy in the pager, the City's search of the pager was reasonable under two possible legal tests. First, under the plurality test enunciated by the Supreme Court in O'Connor v. Ortega, it was reasonable because it was motivated by a legitimate work-related purpose and was not excessive in scope. Second, under the test outlined by Justice Scalia in his concurring opinion in O'Connor, it was reasonable because it would be considered “reasonable and normal” in the private-sector workplace. To varying degrees, both of these legal tests suggest that questions of workplace privacy in the public and private sectors should be treated the same.Rather than elevating private-sector privacy rights to the public-sector level, however, Quon suggests that public employee workplace privacy rights should be reduced to the level of employees in the private sector. Maintaining that public-sector workers are entitled to greater levels of privacy protections based on the text of the Constitution, the power of the government as employer, and the critical oversight role public employees play in American democracy, this Article argues for a new, two-step workplace privacy analysis which first focuses on the purpose of the search and then applies presumptively the Fourth Amendment's warrant and probable cause requirements to those searches undertaken for investigatory purposes.



Privacy For The Working Class


Privacy For The Working Class
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Author : Michael Selmi
language : en
Publisher:
Release Date : 2006

Privacy For The Working Class written by Michael Selmi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.


Privacy has become the law's chameleon, simultaneously everywhere and nowhere. This is particularly true of the workplace where employees often seek some private space but where the law, particularly the formidable employment-at-will rule, typically frustrates that search. As the workplace has expanded both in its scope and importance, additional concerns have been raised about an employer's potential reach outside of the workplace. In this symposium contribution, I explore the privacy issue by asking a fundamental question: what do employees deserve? My answer is that, as a matter of policy, we ought to concede privacy issues as the employer's domain at the specific workplace. This is, in part, because for most employees workplace privacy is not a central concern and the justifications for broad protections of workplace privacy are often quite weak. While conceding the workplace as the employer's domain, I also advocate creating a strict barrier to employer encroachments outside of the workplace so that employers would not be able to interfere with the off-work activity of their employees absent some compelling justification. This would include circumstances in which employers provide employees with computers or other gadgets that employees are permitted to use outside of the workplace.



Employee Privacy Rights


Employee Privacy Rights
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Author : Ira Michael Shepard
language : en
Publisher:
Release Date : 1986

Employee Privacy Rights written by Ira Michael Shepard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.


Employee privacy rights are considered, along with practical problems and permissible parameters of employer activity. Included is a state-by-state analysis of the status of workplace privacy. Definitions are offered of "invasion of privacy," with attention to four types of privacy invasions: (1) placing someone in a "false light," (2) the public disclosure of embarrassing private facts, (3) intrusion into someone's solitude, and (4) misappropriation of someone's right to publicity, to the pecuniary advantage of the defendant. Avoiding invasion-of-privacy and defamation claims requires a coordinated program of information management covering all phases of the employment relationship. For the following employment issues, legal protections are examined, along with actions that can be taken to implement and maintain a management information policy: preemployment screening procedures, employee records, use of polygraphs, drug testing, employee searches and surveillance, regulation of nonworking time, and employment references. The state guide to right-to-privacy includes citations of relevant statutes and case law, along with narrative explanation. (SW)



Workplace Privacy


Workplace Privacy
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Author : Ira Michael Shepard
language : en
Publisher:
Release Date : 1989

Workplace Privacy written by Ira Michael Shepard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.