Supreme Court Finds Employee’s Misuse of Authorized Access Does Not Violate Computer Fraud and Abuse Act

In a criminal case with employment implications, the U.S. Supreme Court ruled that there is no violation of the Computer Fraud and Abuse Act (CFAA) when an employee misuses information obtained through their authorized computer access. Background of the Case. The CFAA provides for civil and criminal penalties against someone who “intentionally accesses a computer […]

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Supervisor’s Statement Blaming Union for Leave Snafu Not Unlawful, says D.C. Circuit

The U.S. Court of Appeals for the District of Columbia Circuit vacated a National Labor Relations Board (NLRB or “the Board”) order finding a supervisor’s statement blaming the employees’ union for a leave discrepancy violated the National Labor Relations Act (NLRA). Facts: In Trinity Services Group, Inc. v. NLRB, an employee and a supervisor disagreed […]

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NLRB Finds No-Recording Policy Remains Lawful Even Where Unlawfully Applied to Restrict Protected Activity

The National Labor Relations Board (“NLRB” or the “Board”) held that a lawful rule or policy applied to restrict employee rights provided by the National Labor Relations Act (“NLRA”) did not automatically render the rule unlawful to maintain. No-Recording Policy: In AT&T Mobility, LLC, the company maintained a no-recording policy prohibiting employees from recording conversations […]

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No More No-Match Letters – But Employers Should Not Ignore SSN Discrepancies!

The Social Security Administration has discontinued its practice of mailing “educational correspondence” (aka EDCOR or “no-match” letters) to employers where Social Security number information reported on employees’ Forms W-2 do not match the SSA’s records. This, however, does not relieve an employer of the responsibility to address no-match situations of which it becomes aware. The […]

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The DOL Offers Guidance on Reasonable Accommodations for Long-Haulers Under the ADA

Among the new resources that the U.S. Department of Labor’s Job Accommodations Network (JAN) recently added to its COVID-19 webpage is included frequently asked questions on COVID-19 Long Haulers and the ADA. Many individuals are “long haulers,” meaning that they are experiencing lingering symptoms of COVID-19 – a condition known as Post-acute COVID-19 Syndrome or […]

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The DOL Offers Guidance on the ADA’s Interaction with COVID-19 Vaccines

The U.S. Department of Labor, through its Office of Disability Employment Policy (ODEP)-funded Job Accommodations Network (JAN), has recently added a number of resources for employers on COVID-19 and reasonable accommodations under the Americans with Disabilities Act to its COVID-19 webpage. These include frequently asked questions on COVID-19 Vaccination and the ADA. We summarize these […]

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NLRB Looks to Circumstances to Determine Duration of Confidentiality Requirement in Investigation

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation. […]

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