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Privacy

Tell staff: Break data rules, risk prosecution

06/16/2011

When explaining your computer-use policy, make sure employees understand they may be criminally prosecuted if they violate the rules and gain access to information they have no business reading. That should make them think twice about obtaining confidential in­­for­ma­tion and passing it on to the competition.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

‘Private’ email? Remind your employee that there’s no such thing!

05/13/2011
Make it clear with employees—early and often—that your electronic communications are not their private playground. Legally, it’s your organization’s property and you have the right to monitor every email as you wish.

Monitoring the virtual water cooler: Employees on Facebook and more

05/10/2011

It’s a sure thing: Your employees are using social media such as Facebook and Twitter. That means you need to make conscious decisions about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

NLRB presses first case involving Twitter posts

05/03/2011
Employees have the right to discuss working conditions, whether face-to-face around the water cooler or in the online world. The National Labor Relations Board seems intent on making sure employers understand that social media posts are protected, too. Hot on the heels of a decision involving Facebook, the NLRB is now tackling Twitter. Tip: Time for you to develop a social media policy.

N.J. Supreme Court decides: Can employees take confidential docs?

04/25/2011
Can an employee who wants to prove discrimination take, copy and dis­close company documents? How does that square with the company’s right to protect what it deems to be confidential information? The New Jersey Supreme Court ­recently offered some guidance on this issue in Quinlan v. Curtiss-Wright.

There’s an app for that: ID theft worries at Disneyland

04/20/2011
Disneyland Resort workers have filed a lawsuit claiming the Walt Disney Co. is violating state law by encoding workers’ identification cards with their Social Security numbers. The workers say they’re worried that the encoded information on their ID cards could be accessed using barcode scanners such as the kind commonly available as smartphone apps.

Hiring employees from competitor

03/14/2011
Q. We are hiring a high-level employee who will come to us from our major competitor. She has no noncompete agreement with her current employer. Is that our only risk?

How to make the leap to electronic HR records

03/01/2011
Many employers are making the leap to “paperless” HR. Digital records are easy to access and cheap to archive. But despite the many benefits of electronic records storage, a host of legal problems could derail even the best-intentioned digital records plan. Here are the issues to consider before you make the transition.

Tell staff you’re monitoring work e-mail so they can’t argue it was confidential

02/23/2011
Employers can read any e-mails sent using company-owned computers or other devices, as long as they inform employees they should have no expectation the communication is confidential. That’s true even of e-mails an employee sends to an attorney to discuss a potential lawsuit against the employer.