Just before the tricks and treats began, the FCC issued an order about another tricky practice—junk faxes. On October 30, 2014, FCC confirmed that all fax ads must contain an opt-out provision and comply with the rules set out in FCC’s 2006 Junk Fax Order. There is a six-month window for companies to come into
Tough Future for Shirking?
The October 25, 2014 issue of the Economist, a U.K. business news periodical, contains a tongue-in- cheek guide to “skiving,” which apparently is the British word for shirking on the job. The piece highlights the challenge and opportunity created by new technology for employees who want to pretend to work, rather than work. It notes:
On the Heels of FTC, FCC Joins GPEN to Better Watch Data Abroad
Data is rarely still. It is captured, processed and moved around the world at speeds we wouldn’t have dreamed possible 20 years ago. Data often disrespects borders. By way of example, companies often mistakenly store personal data in the cloud to be accessed by multiple international locations, without considering the legal rights of the data
A Broadened Crackdown on EU/U.S. Safe Harbor Violations
In the wake of the Edward Snowden’s intelligence leaks and increasing concerns about the use of personal information, the Center for Digital Democracy recently filed a Fair Trade Commission complaint alleging that 30 US Databrokers and data management firms had violated the European Union’s Privacy Directive Safe Harbor framework. According to the CDD, the collection
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
Florida Legislature Seeks to Overhaul Existing Data Security Law
On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to
Use of HIPAA-Protected Personal Health Information by Employer Investigating FMLA Issue Not Barred
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
San Francisco implements “ban the box” legislation
San Francisco has joined the growing numbers of cities and states around the country implementing “ban the box” legislation which restricts inquiries regarding an applicant’s criminal records on applications for employment and during job interviews. The EEOC recommends “banning the box” in line with its guidance regarding convictions and consideration in use of information based
Facebook Post Breaches Confidentiality Provision of Settlement Agreement
A Florida appellate court has ruled that a teenaged daughter’s post on Facebook mentioning her father’s confidential settlement of an age discrimination claim breached a confidentiality provision in the settlement agreement, barring the father from collecting an $80,000 settlement. Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla 3d DCA Feb. 26, 2014).
The plaintiff,
NY Times Article Highlights State Action on Privacy
The New York Times published an interesting front page article by Somini Sengupta on October 31, 2013 about the growing trend of state legislative action on privacy issues, noting that over two dozen privacy laws have passed this year in more than 10 states. The piece also notes that the “patchwork of rules across the country” is