While the information posted on the Internet on social networking sites is usually public for everyone to see, employers need to be aware of potential claims for using this information in the employment context. The law, as usual, cannot keep up with the fast-moving technology and change social media sites, so there are many uncertainties
FCRA
How AI will influence the workplace
For good or bad, the use of AI is already prevalent and its potential uses are expanding quickly, including to the workplace. LinkedIn is currently suing a competitor, hiQ Labs, for use of information “scraped” from the social network’s site and used for AI analysis. hiQ uses the information gleaned from LinkedIn to predict…
Five reminders about conducting background checks under federal and California law
Based on last week’s post about the lawsuit filed against LinkedIn alleging that it violated the federal Fair Credit Reporting Act (FCRA), I thought it would be good to point out a few issues the arise when employers conduct background checks. This article is not comprehensive, and this area of the law is very…
Five things employers must understand about LinkedIn’s job reference lawsuit
Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the regulations set forth in the FCRA. The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member. The results list common employers and…