Connecticut joins five other states (Hawaii, Illinois, Oregon, Washington, and Maryland) in limiting what credit report information employers may use in making hiring or employment decisions.
Continue Reading Connecticut Becomes Sixth State to Prohibit Use of Credit Report Information in Making Employment Decisions
Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
Florida has joined 20 other states have enacted legislation addressing teen sexting. Because employees frequently transmit these materials using their employer’s networks, retail, entertainment, hospitality and other industries that traditionally employ large numbers of younger workers may soon get dragged into criminal proceedings because of “sexting” by their younger workers.
Continue Reading Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its confidentiality requirements.
Continue Reading In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
Alleged HIPAA Violation Supports State Common Law Negligence Claim
A Missouri federal district court has ruled, in I.S. v. Washington University, that a HIPAA-covered entity’s disclosure of protected information can form the basis for a state-law negligence claim. The Court reached this holding despite the well-accepted principle there is no private cause of action under HIPAA.
The plaintiff, I.S., was undergoing medical treatment