The 11th Circuit Court of Appeals has rejected the appeal of a former City of Daytona Beach Fire Inspector who argued that the City improperly used her “personal health information” to defend itself against her lawsuit for interference under the Family Medical Leave Act. In Bailey v. City of Daytona Beach Shores, the City of… Continue Reading
Written by Ian A. Wright If the intersection of social networking and workplace privacy laws piques your attention, you may find an article written by my colleague Michael Frankel particularly interesting. He writes about a recent case, Pecile v. Titan Capital Group, LLC out of New York, where the court refused to grant the defendants’ request… Continue Reading
Jackson Lewis Special Report on Social Media in the Workplace.
Hospital employee’s discrimination claims were unsuccessful where termination resulted from HIPAA breach
Colorado joins eight other states in restricting employers’ use of credit information in making employment decisions
More states pass laws limiting access by employers to the social media accounts of applicants and employees
Add New Mexico to the list of states with social medica privacy laws
Top 13 data privacy and security issues for 2013
Michigan becomes fourth state to enact law banning employers from requiring access to employees’/applicants’ social media accounts
Are emails saved in one’s Yahoo! account stored for backup protection under the Stored Communications Act?
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.
What is a company’s recourse when a former employee deletes e-mails and other company electronic information before he leaves? A case from Indiana provides a lesson. When Meridian Financial Advisors began serving as Receiver for bankrupted OCMC, Inc., it took possession of a number of OCMC computers, including one belonging to Joseph A. Pence, OCMC’s President… Continue Reading
Co-author: Joseph J. Lazzarotti The New Jersey’s highest Court has concluded that an employee, Marina Stengart, could reasonably expect that e-mail communication with her lawyer through her personal, password-protected, web-based e-mail account would remain private, and that sending and receiving them using a company laptop did not eliminate the attorney-client privilege that protected them. The Court… Continue Reading
As reported by Ameet Sachdev, of the Chicago Tribune, a jury found an employer responsible for the actions of its investigators who obtained a former employee’s phone records through “pretexting.” Of the $1.8 million awarded to the former employee for breaches of her privacy, the jury awarded $1.75 million in punitive damages. Regardless of whether… Continue Reading