On August 1, 2012, Illinois became the second state in the country to enact a law prohibiting employers from requesting that employees provide login or password information for a social networking website or demanding that employees grant them access to any non-public portion of the employee’s social networking website. The law was enacted to combat the growing trend of employers requiring prospective and current employees to grant their employers access to their private social networking accounts, for the purpose of thoroughly vetting or investigating the individual. While the law certainly prevents employers from continuing to engage in such intrusive behavior, it also incentivizes employers to avoid exposing themselves to the liability that snooping through a social networking website can bring. In light of this new law, employers must completely avoid requesting login, username, or password information from any current or perspective employees and avoid retrieving any information from social networking websites that is not available in the public domain.
Second Circuit Affirms Rulings in Long-Standing Suit Involving Title VII Class Claims Brought by New York City Teachers
A recent decision by the Second Circuit Court of Appeals affirmed a ruling by the lower court that the New York City Board of Education (BOE) violated Title VII of the Civil Rights Act through its use of a discriminatory teacher certification exam that was not “job related” under the statute. With its decision, the Second Circuit added another chapter to long-running litigation involving efforts by a group of minority teachers to challenge the use of teacher certification tests that have allegedly had a detrimental effect on their careers.
On April 30, 2014, California Labor Commissioner Julie Su launched a new website called Wage Theft Is a Crime. The website aims to educate workers in low-wage industries such as agriculture, hospitality, and construction about their rights as workers. The website explains workers’ rights, without legal jargon, on the issues of the minimum wage, overtime
In the November 2013 issue of the New Jersey eAuthority, we reported on Jersey City’s adoption of an ordinance taking effect on January 24, 2014, which mandates that all businesses operating in Jersey City provide sick leave to their employees (paid or unpaid, depending on number of employees). Jersey City recently issued two “Frequently Asked Questions” posters, which, under the ordinance, Jersey City employers must distribute to all employees at time of hire (or as soon as practicable for current employees), and must post in a conspicuous and accessible place.