New and fast-growing technologies — coupled with emerging trends in legislation, government agency actions and court rulings — are creating challenges for employers. Faegre Baker Daniels can help you navigate the many pitfalls of balancing privacy, data protection and workforce management concerns.
Employer Privacy Challenges
In today's wired world, people are routinely working and communicating remotely, using both employer-provided and personal electronic devices, and spending an increasing amount of time and publishing increasingly personal information on social media websites such as Facebook, Twitter, YouTube, LinkedIn and others.
With just a few clicks, employers can research treatment for an employee's disability, what employees are saying about the company and their colleagues, and what employees do with their personal time. But — in light of applicable (and ever-changing) federal, state, local and international privacy and data protection laws and regulations — should you?
Our Workplace Privacy Expertise
FaegreBD's experienced professionals have counseled employers on these and related topics, including:
- Developing and implementing policies addressing employees' social media use, employees' use of personal mobile devices at work and for work-related purposes, employee location tracking, and security and conduct standards when using employer-provided electronic systems and devices
- Developing strategies for limiting disparagement on social media and other online forums, including the removal of harassing postings or false accounts
- Conducting effective and lawful candidate background checks, including social media review, as part of candidate screening and Fair Credit Reporting Act (FCRA) compliance
- Avoiding GINA and ADA violations when reviewing employees' social media postings and other electronic communications
- Disciplinary action in light of the National Labor Relations Board (NLRB) position on social media use and protected, concerted activity
- Navigating First Amendment protections that apply to public employees
- Protecting trade secrets and other confidential information from employee disclosure
- Preparing drug and alcohol testing policies and employee assistance agreements that protect the employer and respect employee privacy rights
- Avoiding a workplace security breach and responding if one occurs
- Complying with international data protection requirements, including EU data security regulations, when collecting, using or transferring information about employees or candidates outside the U.S.
- Advising on the benefits and limitations in collecting data from social media sites for use in pending or ongoing litigation