Category Archives: Employment and Labour Law

Employers Can Be Vicariously Liable for Employee Data Breaches

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether an employer can be held vicariously liable under the UK’s Data Protection Act 1998 (DPA) (c 29) for a data breach committed by an employee. These kinds of cases are important reminders that irrespective of jurisdiction, malicious insiders, in particular disgruntled former employees, with access to data that external hackers can’t easily reach, often cause some of the most costly data breaches. Morrisons The press, in 2014, discovered that a Morrisons payroll file containing personal data of nearly 100,000 employees was uploaded to a public website. The employee personal data exposed included names,….. To continue reading this legal news please click Read full information...

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Former DOJ attorney Allan Townsend joins Maine Employee Rights Group

The Maine Employee Rights Group (MERG) is pleased to announce that award-winning attorney Allan Townsend has joined the firm.  Allan comes to MERG from the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, where he worked for the past seven years protecting the rights of employees of state and local governments as well as military service members. DOJ entrusted Allan to represent the United States in some of its most high profile cases including a large class action challenging the New York City Fire Department’s (FDNY) pattern of discrimination against Black and Hispanic applicants—which settled for about $100 million—and the first-ever employment discrimination lawsuit that DOJ filed to protect the rights of a transgender individual. “Allan began his career in Maine and we are thrilled that he has returned from Washington, DC.  He is an extraordinary attorney and a dogged advocate for his clients.  Allan….. To continue reading this legal news please click Read full information...

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New Federal Court Lobbyist – Restaurant Law Center

The restaurant industry is taking its cue from the U.S. Chamber of Commerce , which has been a remarkably successful behind-the-scenes lobbyist in the federal court system for years. The National Restaurant Association has launched a Restaurant Law Center to “protect and advance” the restaurant industry. In its first action, the Restaurant Law Center has […].. To continue reading this legal news please click Read full information...

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Two Antitrust Violations HR Professionals and Recruiters Should Avoid

There are two main hiring and recruiting practices that companies and their HR professional and recruiters should avoid, because they are prohibited by law and lead to severe penalties, including fines and even criminal prosecution, enforced by Department of Justice: 1. Agreements Not To Recruit Certain Employees  An HR professional should avoid entering into agreements regarding terms of employment with other companies that compete to hire the same employees. It does not matter whether the agreement is formal or informal, written or oral, or even spoken or unspoken. This is because anti-trust violation can often be established through evidence of discussions and hiring patterns of companies. Continue Reading The post Two Antitrust Violations HR Professionals and Recruiters Should Avoid appeared first on San Francisco Employment Law Firm Blog... To continue reading this legal news please click Read full information...

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President Trump Nominates Fifth Board Member to Round Out NLRB

Earlier this month, President Donald Trump nominated management-side labor attorney, John F. Ring, to the National Labor Relations Board (NLRB). This is a significant nomination because, if Mr. Ring receives Senate approval, the Board will once again be poised to revisit pro-union actions that the NLRB took under the prior administration. This is good news for the business community. Last month, a fully-constituted five member Board took several actions that began a much anticipated releveling of the playing field between Big Labor and Corporate America in the aftermath of profound pro-union actions. Last month’s actions included decisions restoring traditional standards for deciding what constitutes an “appropriate collective bargaining unit” and when two or more entities are “joint employers.” These changes were welcomed by the business community because they provide a more balanced approach to deciding these issues. Shortly after….. To continue reading this legal news please click Read full information...

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