This treatise analyzes employee/employer rights and the limits of employer authority in securing information about applicants and employees, disclosing such information, and controlling activities in the U.S. workplace, as addressed fragmentally in state and federal constitutions, statutes and court decisions.
Know the extent—and limits—of individual rights and employer authority in this litigious area of workplace law
Privacy in Employment Law, Fourth Edition offers guidance on employee/employer rights and the limits of employer authority in securing information about applicants and employees, disclosing such information, and controlling activities in the U.S. workplace. This treatise is a dependable reference on the law of privacy as addressed fragmentally in statutes and court decisions.
The author has meticulously assembled citations, definitions, practical examples, and guidance to help practitioners assess present legislation and judicial thinking on key issues in employment privacy. Privacy in Employment Law provides lists of relevant state laws addressing topics relating to workplace privacy, including drug testing, access to personnel files, lie detection, electronic monitoring, and more, in addition to offering text of selected foreign statutes and the European Union (EU) directive on privacy law.
Recent developments highlighted in this rapidly changing area that are reflected in the Fourth Edition include:
The new Fourth Edition also discusses whether a GPS device may be attached to an employee’s private vehicle by a public employer; whether an applicant’s status as unemployed may be used to deny consideration for employment; whether use of marijuana that is lawful under state law may be a ground for termination or for denial of unemployment compensation benefits; whether an employee may leave a firearm in a vehicle on the employer’s premises; and more.
Author Matthew W. Finkin was quoted in a Wall Street Journal article, “Employers Have Latitude in Monitoring Workers,” October 22, 2013. (Requires WSJ subscription to view.)
New analysis in the 2016 Cumulative Supplement covers:
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