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Recruiting & Hiring

Facebook issues statement against employers asking prospective or actual employees to reveal passwords

Facebook's Chief Privacy Officer, Erin Egan, issued a statement on March 23, 2012 setting out the company's opposition to employers asking prospective or actual employees to reveal their Facebook passwords. The statement reads:  read more »

Nova Scotia issues "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers"

Jurisdiction: - Nova Scotia

The Nova Scotia Department of Labour and Advanced Education issued a "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers" on January 16, 2012.

The Introduction of the paper states:

In June 2010, the government conducted a broad consultation on the employment of foreign workers (FWs) in Nova Scotia. Following the consultation, on May 19, 2011, the Government passed the Worker Recruitment and Protection Act, which amends the Labour Standards Code. Included among the amendments to the Code is a prohibition against charging workers (both FWs and non FWs) recruitment fees and a prohibition against recovering recruitment costs from workers. These prohibitions are now in force.  read more »

BC Privacy Commissioner releases guidelines on social media background checks

Jurisdiction: - British Columbia

The British Columbia Information and Privacy Commissioner recently released guidelines on social media background checks.

The October 12, 2011 news release from the Commissioner's office announcing the Guidelines for Social Media Background Checks (October 2011) states that:  read more »

BC Privacy Commissioner to consider use of PRIME police database for employment-related criminal record checks

Jurisdiction: - British Columbia

BC's Information and Privacy Commissioner, Elizabeth Denham, issued a news release yesterday in which she confirmed that her office:

  • has been examining the issue of employment-related criminal records checks for several months; and 
  • will take the recent concerns voiced by the BC Civil Liberties Association ("BCCLA") about the PRIME police database into consideration.

PRIME stands for "Police Records Information Management Environment".

The Commissioner's release goes on to state:  read more »

Best practices guide on ciminal background checks published for US employers

Jurisdiction: - United States

The National Employment Law Project is a US advocacy organization for employment rights of lower-wage workers, It has offices across the United States and a staff of lawyers, policy experts and researchers.

Of note to US employers, the Project recently published a "Criminal Background Checks: A Best Practices Guide" (March 17, 2011), which speaks to best practices in the US context.

"On-line Social Networking Forums: (Un)Welcome to the Workplace"

"On-line Social Networking Forums: (Un)Welcome to the Workplace" (2010) is the title of a paper written by three lawyers at Gowlings - Melanie Polowin, Bettina Burgess, and Laurence Bourgeois-Hatto.

The paper reviews, "the legal and practical issues and provides recommendations for the three main areas where on-line social networking forums impact the modern workplace:

  1. when used as a tool for recruitment;
  2. when used as a tool for marketing/selling; and
  3. when social networking becomes social notworking, or is otherwise harmful to the employer."

"The Potential Competition Law Implications of Employee Hiring Practices"

Mark Katz, a lawyer at Davies Ward Phillips & Vineberg LLP in Toronto, has written an article entitled, "The Potential Competition Law Implications of Employee Hiring Practices" (September 10, 2010).

 

BC arbitrator addresses whether existing employees can be required to submit to periodic criminal record checks

Jurisdiction: - British Columbia
Sector: - Public Safety

In the May 14, 2010 labour arbitration decision in Vancouver (City) v. Vancouver Firefighters' Union, Local 18 (Police Records Checks Grievance), [2010] B.C.C.A.A.A. No. 81, a BC arbitrator addressed whether an employer could introduce a policy that would require unionized employees in certain designated positions to submit to updated criminal record checks every five years.

Jennifer Roper, at Roper Greyell in Vancouver, has written an article about this decision ("Can Employees be Required to Submit to Criminal Record Checks?") for the firm's September 2010 newsletter.  read more »