PRIVACY

24/7 monitoring on company cellphone prompts lawsuit

05/18/2015
A California sales executive is suing her employer after she was fired for disabling an app on her company-provided iPhone that tracked her whereabouts even during nonwork hours.

How can we structure a policy that lets us search employees' belongings?

05/04/2015
Q. I am worried that some of my employees are storing illicit or illegal items at work. Is there a way for me to legally search their belongings?

Remind supervisors: What you say in emails can and will be used against you in court!

02/02/2015
If an employer is sued for discrimination, harassment or retaliation, chances are all emails related to the employee will be shared with the em­­ployee’s attorneys. Anything said in those emails can then be used against you to prove discrimination—or that you tried to set up the employee for discharge because she filed a discrimination complaint.

Protect against data breach, cyber attack

01/26/2015

In December, Sony Pictures became the latest high-profile business victim of data theft. In addition to the threats of violence related to the re­­­­lease of its feature film, “The Inter­­view,” the company faces several federal class action lawsuits by employees claiming that their private information had been impermissibly disclosed online. In the wake of this crisis, employers should consider the following issues

NLRB narrows employer limitations on workplace communications

01/21/2015
A recent ruling may force employers to change their policies restricting private emails.

Technological change drives three new NLRB decisions

01/14/2015
The National Labor Relations Board has issued three far-reaching decisions that change long-standing practices under the National Labor Relations Act. All reflect a disquieting connection between modern communications and old-fashioned labor relations.

Court refuses to punish employer for scrubbing employee's cellphone

01/05/2015
A federal court has dismissed a former employee’s claim under the Electronics Communication Privacy Act alleging that his employer illegally destroyed valuable information when it remotely wiped clean his iPhone after he resigned. That’s good news for IT departments that must protect company information that might be stored on former employees’ smartphones.

Workplace Drug Testing

01/01/2015

HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don't manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits ...

OK to monitor email without consent?

12/23/2014
Q. We suspect someone is conducting inappropriate business using their work email. Is it illegal for us to monitor their email without their consent?

Email/Internet Usage

12/15/2014

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ email and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers ...

HIPAA: Compliance Rules

11/15/2014

HR Law 101: The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made changes to three areas of the continuing-coverage rules that apply to group health plans under COBRA ...

Facing legal action? Know when to put a 'litigation hold' on your email purging

11/06/2014
Most employers aren’t aware of the risk of deleting old emails at the wrong time.

NLRB: Firing employees for Facebook posts was unlawful

10/08/2014
Here's another reminder to employers to exercise caution in imposing discipline for conduct on social media.

Onboarding: How to prevent confidentiality breaches by new hires

09/29/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin.
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