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NLRB Provides Advice on Social Media Policies

- The National Labor Relations Board has issued a memo offering advice to companies on setting up a social media policy.

Supreme Court Refuses to Hear Taser Case

- The U.S. Supreme Court has declined to hear a case involving police use of Tasers. In the case, a lower court ruled that police officers in two separate incidents engaged in unreasonable force when discharging their Tasers. However, because case law was not established at the time of the incidents, the officers were not necessarily aware of this fact. Therefore, they were protected from liability.

Whistleblowers

- A bill (H.R. 2483) that would make it mandatory for employees to first report violations to their employers in order to receive monetary awards has been approved by the House Financial Services Committee’s Subcommittee on Capital Markets and Government Sponsored Enterprises. The measure will now be taken up by the full committee.

Trespassing

- A new law (P.L. 112-98) strengthens penalties for trespassing on certain federal properties. Current federal law prohibits unauthorized entry to any building or grounds where the President is visiting. However, there was no federal law specifically prohibiting unlawful entry to the White House and its grounds or the vice president’s residence and its grounds.

ADA

- A federal district court has ruled that a company’s attendance policy violated the Americans with Disabilities Act (ADA) because it required employees to disclose the nature of their illness when providing documentation for sick leave. Under the company’s policy, a doctor’s note had to include the illness or reason for the sick leave. The court noted that this could require employees to divulge information about a disability, a violation of the ADA.

Immunity

- A federal appeals court has ruled that a police officer who assaulted a contract security officer while both were stationed at the Pentagon is not immune from liability.

Legal Report

- Courts issue decisions on vicarious liability and immunity for security officers, and lawmakers consider bills on trespassing, whistleblowers, and data security.

Compliance Program Protects Morgan Stanley in Corruption Probe

- The government has declined to prosecute Morgan Stanley under the Foreign Corrupt Practices Act after an employee engaged in a corruption scheme in China. The agencies found that Morgan Stanley’s FCPA compliance program was so robust that the employee had to circumvent numerous internal controls to commit the crime.

U.S. Supreme Court Refuses to Hear Appeal by Former Enron Executive

- The U.S. Supreme Court has declined to hear a second appeal by former Enron executive Jeffrey Skilling. In his appeal, Skilling petitioned the Court to overturn his fraud conviction.

Can Employers Legally Request Facebook Passwords?

- Two U.S. Senators have requested that the Equal Employment Opportunity Commission and the Department of Justice investigate recent reports of employers requiring that applicants turn over passwords to private e-mail accounts and to social media sites such as Facebook.

Cybercrime

- A bill (S. 1469) introduced by Sen. Kirsten Gillibrand (D-NY) would require that the federal government provide an annual report to Congress on cybercrime directed at the United States by foreign countries.

False Imprisonment

- A man whose coworkers locked him in a lavatory for approximately 25 minutes may not pursue his false imprisonment case against his employer. The man was locked inside the lavatory on a ship during a corporate event by his coworkers as a prank. A jury found that the man’s confinement was “brief or fleeting” and did not rise to the level of false imprisonment.

Legal Report

- A state appeals court rules that an employer did not violate privacy when it tracked a worker with a GPS unit; and lawmakers consider bills on issues such as border security, criminal activity, and cybercrime.
 




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