United States: McDermott Predictions For 2015 On Employee Social Media Accounts

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted laws prohibiting employers from requesting access to their employees’ (or job applicants’) personal social media accounts. In 2014 alone, six states enacted such laws, bringing the total number of states with this type of legislation to 18. (Click here for additional analysis of the impact of these laws on employers.)

In addition to […]

By | February 20th, 2015 ||

United States: Settlement Reached in High-Tech Employees Non-Solicitation Cases

On Jan. 15, 2015, plaintiffs filed a motion for preliminary approval of a $415 million settlement for claims brought by employees of Silicon Valley technology companies alleging that the defendants had entered into agreements not to solicit each other’s employees. In re: High Tech Emp. Antitrust Litig., No. 5:11-cv-02509-LHK (N.D. Cal. Jan. 15, 2015), Dkt No. 1032. The class settlement amount of $415 million is an increase of $90.5 million over the original $324.5 […]

By | February 20th, 2015 ||

United States: Managing Retail Employer Risk And The Janitorial Services Contractor-Subcontractor Relationship

Executive Summary:  Discount retailer Ross Stores, Inc.’s (“Ross”) recent proposed settlement of a California labor law class action filed by immigrant and low wage subcontractors related to janitorial services performed in its Ross Dress for Less and dd’s Discounts stores highlights retail employers’ risk in managing the janitorial services contractor–subcontractor relationship. Specifically, despite contracting with an independent third-party provider, who in turn subcontracted performance of the janitorial services to smaller, local businesses, Ross could […]

By | February 20th, 2015 ||