No – the U.S. District Court for the Northern District of California recently dismissed a complaint alleging Fair Credit Reporting Act (FCRA) violations based on LinkedIn’s Reference Search function. LinkedIn’s “Reference Search” function is available to premium account holders. It is designed to generate a list of individuals who previously worked with a

Most employers maintain records with sensitive information relating to their employees, such as social security numbers or similar information.  When a data breach occurs and this information is disclosed without authorization, employers may have legal obligations to notify employees affected by the breach.
For example, Minnesota law has a data breach notification requirement that would

In early February 2015, Anthem, Inc. reported that on January 29, 2015, it had discovered that it was the target of “a very sophisticated external cyber attack.”  Anthem believes the attack happened over the course of several weeks, starting on December 10, 2014.  Accessed information may have included the names, dates of birth,

Yes – employers generally can monitor employee emails sent using an employer-provided account, but it’s best for employers to take certain steps to ensure that the monitoring is lawful.
Whether an employer can monitor employee emails sent using company email typically depends on whether the employee has a reasonable expectation of privacy in the emails. 

Employers, particularly larger ones, may have difficulty keeping its records straight for employees with more common names.  Even middle initials may not help sufficiently.  When considering a unique identifier, a company might consider using the employee’s Social Security number.
Minnesota employers considering that option should first consider the limitations on their use or disclosure of

Occasionally employees will experience difficult times in their personal or work life.  Many employers have available an employee assistance program to which struggling employees may be referred.  While the employer may be curious as to the details of any such counseling meetings, Minnesota law protects the confidentiality of those records.
In general, no portion of

The Women’s Economic Security Act recently amended Minnesota’s employment law requirements for nursing mothers.  See Minn. Stat. § 181.939.  Here’s what employers need to know about the revised break time requirements for nursing mothers:
What Employers Are Subject To the Requirements:  Any person or entity that employs one or more employees in Minnesota is

In 2008, Congress enacted the Genetic Information and Nondiscrimination Act (GINA), which prohibits genetic information discrimination in employment.  24 U.S.C. § 2000ff-1. While the passage of GINA was significant, Minnesota employers had already been restricted at that time regarding the administration or use of genetic testing for seven years.
In 2001, the Minnesota

A recent decision from the U.S. District Court for the District of Minnesota clarified that an employer’s failure to remove a former employee from a company website does not constitute unlawful appropriation, unless it’s intentional.
Appropriation is one of three torts that fall under the umbrella term of invasion of privacy.  The tort occurs

A federal district court in California recently held that an employer could subpoena a former employee’s cell phone records as part of discovery in a pending lawsuit.
In Kamalu v. Walmart Stores, Inc., the plaintiff sued her former employer, alleging discrimination on the basis of national origin, race, and sex, and wrongful termination in