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Workplace Privacy, Data Management & Security Report

Tag Archives: employer

Key Considerations When Monitoring Employees Using GPS Tracking Devices

With the proliferation of wage and hour litigation, especially in Florida which has the highest number of Fair Labor Standards Act (“FLSA”) cases filed annually nationwide, employers have sought for better ways to track employee work time in anticipation of defending against unpaid overtime claims. Additionally, employers have used monitoring devices in hopes of increasing… Continue Reading

Missouri Constitutional Amendment Protects Electronic Privacy

On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures. The official ballot title asked:  “Shall the Missouri Constitution be amended so that the people shall be secure in their… Continue Reading

Twitter Bio At Issue In NFL Arbitration

As reported by ESPN, Jimmy Graham‘s Twitter bio could play a crucial role in the National Football League (“NFL”) arbitration hearing between the New Orleans Saints and Graham. For those unfamiliar with the story, the New Orleans Saints placed a tight-end franchise tag on Graham.  Under the tag, Graham must be offered a one-year contract for an amount no… Continue Reading

Prepare For Increased HIPAA Fines

Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”).  However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and Human Services (“HHS”)… Continue Reading

Florida Social Media Bill Dies In Committee

As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee.  As such, Florida will not be joining the… Continue Reading

Best Practices For Gramm-Leach-Bliley Compliance

The U.S. Commodity Futures Trading Commission (Commission) issued a Staff Advisory on best practices for financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy. GLBA was enacted to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information.  Specifically,… Continue Reading

EEOC To Discuss Social Media’s Impact On The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws.  According to the EEOC’s announcement, the participants will address a range of issues, including recruitment… Continue Reading

Facebook Posts Not Discoverable

The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.  In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident where her… Continue Reading

Employee Criminally Prosecuted For Taking Employer’s Documents

A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing.  In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support her employment… Continue Reading

Top 14 for 2014

In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.”  While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking.  As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with… Continue Reading

Proposed Bill Barring Credit Checks By Employers

Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process.  Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions.  Notably, the Act would permit exceptions… Continue Reading

The Bring Your Own Device (BYOD) Movement

Numerous companies are considering, or already transitioned to, a "bring your own device" (BYOD) model.  Under a BYOD program, employees are permitted to connect their own personal devices (iPhone, iPad, Blackberry, PDA, etc.) to the employer’s networks and systems to complete job duties either in the office or working remotely.  While a BYOD program has numerous benefits,… Continue Reading

Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again

The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account.  In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a pattern… Continue Reading

Lawful Access and Improper Use of Computer Data Does Not Violate the CFAA

The Fourth Circuit recently held that the Consumer Fraud and Abuse Act’s (“CFAA”) prohibitions against unauthorized access or access in excess of authorization were not violated by an employee when the employee used his valid access to employer’s computer network to download confidential business information that he later used while working for a competitor. Prior… Continue Reading

“Liking” A Facebook Page Is Not Protected By The First Amendment

A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia… Continue Reading

Social Media For Universities and Colleges–Beyond Recruiting

In connection with its coverage of national signing day, ESPN.com recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels.  And, like in the workplace, misuse… Continue Reading

The Consumer Fraud and Abuse Act — Does It Apply To An Employee’s Personal Computer?

Many employers often question what recourse is available when faced with the destruction or alteration of company data by former employees.  This question is made more complicated when employees use their own personal computer for work. In addressing this issue, the U.S. District Court for the Northern District of Illinois, Eastern division held that an employee’s… Continue Reading

The Social Media Manager/Guru/Wizard/Ninja/Diva

Have you hired a social media manager?  A social media guru/wizard/ninja/diva?  Each of these job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media.  A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles are… Continue Reading

Don’t Mess With Texas–Amended Law Imposes Breach Notification Obligations In All 50 States

In a novel approach to data breach notification requirements, Texas has amended its breach notification law (Business & Commerce Code, Section 521.053) to require notification to residents of not only Texas, but to residents of each of the 50 states.  The amendment becomes effective September 1, 2012, and applies to “all persons who conduct business… Continue Reading

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 for… Continue Reading

Ban On Employer Demands For Worker, Applicant Website Passwords–Maryland

The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts.  Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide their… Continue Reading