On October 15, 2012, a bill (A3374) was introduced in the New Jersey Assembly that would require employers with five or more employees to allow their employees access to inspect and copy their personnel records up to twice a year (including up to one year following termination), within seven days of such a request. Employees who disagree with information contained in their files would be permitted to submit an explanatory statement, which would be placed in the file. The bill further provides limitations on: what personnel file contents employees cannot view; what contents employers can and cannot provide to requesting third parties (even with a release); and what information generally cannot be maintained in a personnel file (e.g., information regarding an employee’s associations or political activities). Violations of the law could lead to civil penalties of up to $2,500, as well as actual damages plus reasonable attorneys’ fees and court costs to a prevailing employee.
On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of European Union (EU) citizens to the United States in compliance with EU data protection laws. The terms of the final agreement address several concerns raised by EU regulators about the initial Privacy Shield agreement reached in February of 2016, including concerns about the U.S. government’s ability to conduct mass surveillance of transferred data, the independence of the U.S. ombudsperson who will adjudicate complaints from EU citizens regarding misuse of their data, and the lack of protections regarding data retention and transfers to other companies.
McGrory v. Applied Signal Tech. Inc., No. H036597 (January 24, 2013): A California Court of Appeal recently upheld the dismissal of a lawsuit where the employee refused to cooperate with a company investigation and claimed his conduct was “protected activity” under California’s Fair Employment and Housing Act (FEHA). John McGrory, a former department manager at
On March 14, 2017, the European Court of Justice issued decisions in two cases addressing the delicate legal and political issue of wearing signs of religious belief at work.