Workplace Privacy: Proceedings NY 58th Annual Conference on Labor
Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees’ rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees’ whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers’ rights to run their businesses end and employees’ privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the ‘big questions’ tackled in these articles. Among the many specific issues covered are the following:
- use of global positioning systems (GPS) in tracking employees;
- background checking for job applicants;
- email monitoring;
- physical monitoring of employees;
- scope and lawfulness of so-called ‘lawful activity’ laws;
- employer involvement in employees’ nonworkplace behaviour (e.g., drug testing);
- employees’ rights of association;
- regulation of fraternizing and dating among employees;
- employee privacy issues in employer-union bargaining;
- privacy issues in public sector employment;
- privacy issues and threats of terrorism; and
- efforts by employers to verify employees’ nationality and immigration status.
Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union’s data protection directive and the current status of the U.S. National Labor Relations Board’s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law – made available through the graces of the American Law Institute – on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.
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Part I: GPS Monitoring: The New Frontier. 1. No Direction Home: Will the Law Keep Pace with Human Tracking Technology to Protect Individual Privacy and Stop Geoslavery? W.A. Herbert. 2. Monitoring Employee Location with GPS and RFID in 2005: Workplace Privacy Issues; M. Weisz. Part II: Information/Records Privacy. 3. Background Checking and Job Applicant Testing Outside the U.S.: A Guide to Multinational Pre-Hire Screening; D.C. Dowling, Jr. 4. European Union Data Protection Directive; E.A. Taussig.
Part III: Investigations. A: Email Monitoring. 5. Monitoring Electronic Mail in the Workplace: Property v. Privacy; M.B. Babson. 6. Email and the Rip Van Winkle of Agencies: The NLRB’s Register-Guard Decision; J.M. Hirsch. 7. Register-Guard and the Three I’s: Ironic, Incoherent and (Largely) Irrelevant; M.H. Malin. B: Background Checks. 8. Pre-Employment Screening and Investigation: Navigating Between a Rock and a Hard Place; S.F. Befort. C: Physical Surveillance. 9. Looking Out for Your Employees: Employers’ Surreptitious Physical Surveillance of Employees and the Tort of Invasion of Privacy; D.P. O’Gorman.
Part IV: Nonworkplace Behavior. A: Drug Testing. 10. Collective and Individual Approaches to Protecting Employee Privacy: The Experience with Workplace Drug Testing; P.T. Kim. B: ‘Lawful Activity’ Laws . 11. ‘Lawful Activity’ Laws; M.W. Finkin. C. Right of Association. 12. Reflections on the Technicolor Right to Association in American Labour and Employment Law; P.M. Secunda. 13. The Narrowing of the National Labor Relations Act: Maintaining Workplace Decorum and Avoiding Liability; W.R. Corbett. 14. Antifraternizing Policies and At-Will Employment: Counseling for a Better Relationship; A.M. DePalo.
Part V: Privacy Issues at the Bargaining Table. 15. Bargaining for Privacy in the Unionized Workplace; A.C. Hodges.
Part VI: The Emerging Common Law Workplace Privacy Right. 16. Restatement Third of Employment Law: Workplace Privacy and Autonomy (MTB); M.T. Bodie. Part VII: Privacy Issues in the Public Sector. 17. Privacy Legal Issues in the Public Sector; M.H. Rubinstein.
Part VIII: The Counterterrorism Challenge for Multinational Employers. 18. The Public-Private Security Partnership: Counterterrorism Considerations for Employers in a Post 9/11 World; A.P. Morriss. 19. Counterterrorism and Employment: An Israeli Perspective; A.N. Guiora. 20. Employers Beware: The I-9 Form: Verifying Identity and Identity Documents in the Employment Context; J.A. Korosec.