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
November 2011
Social Media and the Holidays
By Jackson Lewis P.C. on
Posted in Featured, Social Networking
As the holidays approach, I am reminded of an employment law attorney I used to know who wrote a column about this time of year about holiday parties. He would warn Human Resources (“HR”) professionals to beware of sexual harassment issues as the punch flows and inhibitions dissipate at the annual office get-together. How things have…
Decision on Genetic Information Privacy Issued by Minnesota Supreme Court
By Jackson Lewis P.C. on
Posted in GINA
The Minnesota Supreme Court issued a decision on November 16, 2011 holding that the state’s Genetic Privacy Act, Minn. Stat. Section 13.386 (2010) restricts the collection and use of blood samples taken from newborns pursuant to the state’s Newborn Screening Statutes, Minn. Stat. Section 144.125-128. The litigation, captioned Bearder et al v. State of…
Record Retention and Notice Requirements Go Into Effect for New Jersey Employers
By Joseph J. Lazzarotti on
Posted in Information Management
New Jersey notice and records maintenance requirements concerning records that must be maintained by employers under the wage and hour laws, prevailing wage act, unemployment law, temporary disability benefits law, family leave insurance benefits law, workers compensation law, and gross income tax law.
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Automating HIPAA Compliance Tracking and Audit Preparation
HIPAA covered entities and business associates need to consider how to practically and efficiently track and illustrate compliance should they find an OCR investigator knocking at the door.
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OCR Announces HIPAA Audit Program
Today, the Office for Civil Rights formally announced its HIPAA audit plan, with audits commencing in November 2011. A new page on OCR’s website answers some helpful questions for covered entities and business associates, which are summarized in this report.
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Update: Ninth Circuit to Rehear CFAA Case
As previously discussed, the federal appeals court in San Francisco had reinstated an indictment charging a former employee of Korn/Ferry International, Inc., with violations of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) for trying to start a business that would compete with his former employer. Now, however, at…
Provide Feedback to Government on Exchanging Health Information on Mobile Communications Devices
By Joseph J. Lazzarotti on
If you have an interest in the role the growing use of mobile communications devices (smartphones, iPads, iPhones, etc.) will play in how personal health information is exchanged in the health care industry, the Office of the National Coordinator for Health Information Technology (ONC) is seeking your input. According to a notice published Nov. 1, 2011 (76 Fed. Reg. 67455), comments are due Dec. 31.
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Unauthorized Employee Recommendations, References on Social Media May Put Employers at Risk
By Joseph J. Lazzarotti on
Posted in Social Networking
Employers are beginning to realize that their employees are sending or receiving recommendations on social media sites that are inconsistent with the employer’s policies, or worse, are false or fraudulent. They need to do something about it.
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