Labor&Employment Personnel File

U.S. Supreme Court Addresses Text Messaging on Employer-Provided Systems

Last week, in City of Ontario, California v. Quon, 560 U.S. ____ (2010), the United States Supreme Court looked at the issue of the privacy of workplace text messages. Quon involved the question of whether a police officer had the reasonable expectation of privacy in text messages that were sent using a pager issued by the Ontario Police Department. The opinion of the Court, issued by Justice Kennedy, held that government employers have the right to read transcripts of employees’ e-mails or instant messages if needed for a legitimate work-related purpose.

U.S. Supreme Court rejects authority of two-member NLRB

Yesterday, in a 5-4 decision, the Supreme Court of the United States ruled that a two-member National Labor Relations Board did not have the authority to issue decisions.  In New Process Steel, L.P. v. National Labor Relations Board, 560 U.S. ___ (2010), Justice Stevens, writing for the majority, explained that while the National Labor Relations Act permitted the Board to act in panels of three, that authority did not extend to a Board comprised of only two members. 

West Virginia Expands State Discrimination Law

Recently, the Supreme Court of Appeals of West Virginia further expanded the reach of the West Virginia Human Rights Act, which prohibits employers and others from discriminating against individuals in protected categories such as race, age, gender and disability. Finding that an insurance company acting in its capacity as a provider of insurance services is a “person” subject to liability under the Act, the Court determined that even third parties can assert a cause of action for allegedly discriminatory insurance settlements. Michael v. Appalachian Heating, LLC and State Auto Company, ___ S.E.2d ___ (W.Va. 2010).

Jay E. Ingle and Elizabeth E. Nicholas to speak about employment background checks at upcoming seminar

In today’s employment world, employers continue to face the challenge of respecting employees’ rights and privacy while ensuring that they have a safe work environment and productive workforce.

Jay E. Ingle and Elizabeth E. Nicholas of Jackson Kelly’s Labor and Employment Practice Group will be presenting at the University of Kentucky's upcoming Twelfth Biennial Employment Law Seminar in Lexington, Kentucky, where they will speak on the "Law of Employee Background Checks". Their presentation will address the business and legal reasons for conducting employee background checks, including a discussion of the torts of negligent hiring and negligent retention.  The presentation will also provide guidance regarding various types of employee background checks such as criminal histories, credit checks, and drug testing.