As the U.S. Supreme Court’s (SCOTUS) 20/21 term wraps up, last week it issued a ruling impacting employers’ employee computer usage policy. In its Van Buren v. United States (No.19-783) case SCOTUS ruled the Computer Fraud and Abuse Act (CFAA) could not be used against employee abuse of company owned computers and databases.
With the reality that the loss of a loved one can be one of the most difficult challenges a person will ever face, most employers have provided a bereavement benefit consisting of three days (sometimes more) of pay. The historical purpose for this benefit was so an employee could make funeral arrangements but has not historically provided a lot of time for the personal grieving process.
This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.
Last week the CDC published guidance for employer vaccination programs. The CDC is encouraging employers to promote the value of getting vaccinated as soon as possible. This includes building employee confidence toward getting vaccinated, helping determine when employees can get vaccinated, deciding whether onsite or offsite vaccination programs make sense to promote, and suggestions about how to avoid workers unexpectedly having to be off work due to vaccine side effects.
Vaccine passports, documentation that an individual received a vaccination and is presumably better protected against a virus or has recently been tested and found negative, are being debated and considered by many before allowing employees to return to work. Having one’s shots to travel internationally is not new. But expanding the use of a vaccine passport for entry into concert venues, sport events, or using that passport to come to work is new.
In-house General Counsels were surveyed recently by Morrison & Foerster LLP, and responses indicate that many are bracing for an influx of employment related litigation resulting from the COVID health crisis. 90% of the 80 General Counsel surveyed at global corporations saw wrongful employment practice litigation as the biggest legal risk they foresee.
According to the latest U.S. Census report on employment characteristics on families, of the nation's 82.6 million families, 33.4 million families, or two-fifths of all families, included children under age 18. At least one parent was employed in 91.3% of families with children. Among married-couple families with children, 97.5% had at least one employed parent in 2019, and 64.2% had both parents employed.
As a general par for course, many organizations routinely use a nondisclosure agreement (NDA) in settlements of discrimination claims. What the NDA includes are confidentiality provisions and nondisparagement clauses to settle discrimination and other workplace complaints.
The Families First Coronavirus Response Act (“FFCRA”) was enacted in March 2020 which expanded both medical leave and the Family Medical Leave Act – providing both as paid leave. This legislation is also known as the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”). The law impacted employers with 500 or less employees, and it was just for the calendar year 2020.
When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud?
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