INJURYATWORKADVICE
No Result
View All Result
Wednesday, April 14, 2021
  • Home
  • Injury At Work
  • Road Traffic Accidents
  • Health
  • Legal
  • Human Rights
  • Home
  • Injury At Work
  • Road Traffic Accidents
  • Health
  • Legal
  • Human Rights
No Result
View All Result
INJURYATWORKADVICE
No Result
View All Result
Home Legal

Fed. Electronics Comm. Privacy Act v SC State Comm. Laws

by injuryatworkadvice_rdd0e1
July 27, 2020
in Legal
Fed. Electronics Comm. Privacy Act v SC State Comm. Laws

In Ducharme v. Madewell Concrete, LLC, No. 6:20-1620-HMH, 2020 U.S. Dist. LEXIS 127615 (D.S.C. July 17, 2020), Defendants Madewell Concrete, LLC and Kevin Johnston’s (“Johnston”) (collectively, “Defendants”) movement to dismiss Plaintiff Robert Ducharme’s (“Plaintiff”) South Carolina Homeland Safety Act (“SCHSA”) declare pursuant to Federal Rule of Civil Process 12(b)(6) was denied.

Plaintiff alleges that Defendants intentionally misclassified him as a salaried worker, which exempted him from the time beyond regulation necessities of the Honest Labor Requirements Act (“FLSA”). Accordingly, Plaintiff contends that he was not compensated for his time beyond regulation work. Plaintiff additionally alleges that Defendant Johnston illegally and with out authorization accessed Plaintiff’s private electronic mail account.

Plaintiff’s lawsuit alleges three claims: violations of (1) the Saved Communications Act, (2) the SCHSA, and (3) the FLSA.

Defendants argue that Plaintiff’s SCHSA declare is preempted by the Digital Communications Privateness Act (“ECPA”) as a result of in 18 U.S.C. § 2518(10)(c), “Congress expressed clear intent that any alleged interception of any ‘digital communications’ falls below the unique treatment of the [ECPA].” Accordingly, the Courtroom describes the dispute as whether or not “the interception of digital communications provisions of the ECPA preempt a declare primarily based on the interception of digital communications provisions of the SCHSA.”

In holding that § 2518(10)(c) doesn’t expressly preempt state legislation claims, the Courtroom famous that  “Congress may have simply and explicitly acknowledged that the treatments within the ECPA are the unique treatments for all interceptions of digital communications or that the ECPA preempts state legislation claims, however it didn’t accomplish that.” The Courtroom went on to seek out that the legislative historical past of § 2518(10)(c) signifies that “the interceptions of digital communications weren’t topic to the exclusionary rule absent a Fourth Modification violation.” Thus, state legislation treatments are permissible for sure intercepts of digital communications (similar to private emails) and “the ECPA doesn’t preempt Plaintiff’s declare below the SCHSA. This case is an effective reminder that employers needs to be conscious to make sure compliance with relevant state privateness legal guidelines, along with the well-known federal ones.


© Copyright 2020 Squire Patton Boggs (US) LLP
Nationwide Legislation Assessment, Quantity X, Quantity 209

ShareTweetShareShare

Related Posts

Internet of Things Device Security Improvements Likely 2021
Legal

Internet of Things Device Security Improvements Likely 2021

December 27, 2020
Emerging Medical AI and 3D Printing Technologies in India [Podcast]
Legal

Emerging Medical AI and 3D Printing Technologies in India [Podcast]

December 27, 2020
China Opens 3-Year Pilot Foreign Patent Program
Legal

China Opens 3-Year Pilot Foreign Patent Program

December 26, 2020
Online Pharmacies and Telemedicine in India [Podcast]
Legal

Online Pharmacies and Telemedicine in India [Podcast]

December 26, 2020
California Prop 65 elists BPA as a Reproductive Toxicant
Legal

California Prop 65 elists BPA as a Reproductive Toxicant

December 26, 2020
Mexico Daily Minimum Wages Approved for 2021
Legal

Mexico Daily Minimum Wages Approved for 2021

December 26, 2020

Popular News

Builder accidentally fires nail gun into his own penis and gives himself an eye-watering injury

Builder accidentally fires nail gun into his own penis and gives himself an eye-watering injury

June 8, 2020
Court of Chancery Rules on Corporate Dissolutions

Court of Chancery Rules on Corporate Dissolutions

July 21, 2020
why are some people experiencing long-term fatigue?

why are some people experiencing long-term fatigue?

July 16, 2020
‘Hope’ isn’t mere wishful thinking – it’s a valuable tool we can put to work in a crisis

‘Hope’ isn’t mere wishful thinking – it’s a valuable tool we can put to work in a crisis

September 21, 2020
Mystery of how human immune cells develop lifelong immunity uncovered – new research

Mystery of how human immune cells develop lifelong immunity uncovered – new research

February 12, 2021
Baby and two adults taken to hospital after car flips over on motorway

Baby and two adults taken to hospital after car flips over on motorway

June 8, 2020
  • Home
  • Injury At Work
  • Road Traffic Accidents
  • Health
  • Legal
  • Human Rights

Copyright © 2020 Injuryatworkadvice

No Result
View All Result
  • Home
  • Injury At Work
  • Road Traffic Accidents
  • Health
  • Legal
  • Human Rights

Copyright © 2020 Injuryatworkadvice