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.
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Pending Social Media-Related Cases at All 52 NLRB Regional Offices
NLRB Acting General Counsel Lafe E. Solomon offered some insight into the NLRB’s interest in Social Media earlier this month when he spoke at the Annual Conference on Labor at New York University. During his presentation, Solomon revealed that every one of the 52 NLRB regional offices across the country has at least one pending
Addressing Social Media Use–Recent Ruling on Students’ Social Networking Reaffirms Need for Policies and Training
The pervasiveness of social media in professional and everyday communication is a hot button issue (discussed at length here), particularly for private and public employers and organizations. In fact, many organizations have adopted, or are considering adopting, social media policies for employees and providing training for how employees should interact in cyberspace. But what
Rep. Mary Bono Circulates Draft Data Breach and Data Security Law
Reuters and other news outlets are reporting that Representative Mary Bono Mack has circulated draft legislation in response to the steady stream of data breaches that have occurred this year. According to the report, Senate Majority leader Harry Reid also has asked four Senate committees to pull together a comprehensive cybersecurity bill, hoping it will be
Is your computer a “bot” or part of a “botnet”?
Bloomberg News tells a harrowing story of computers that have secretly come under the control of hackers. These computers become known as “bots,” and part of a “botnet,” enabling hackers to remove tens of thousands of dollars from bank accounts of affected companies.
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HHS Announces Proposed Changes to HIPAA Privacy Rule
The U.S. Department of Health and Human Services’ (HHS) announced proposed changes to the HIPAA Privacy Rule to implement new requirements concerning individuals’ rights to access reports and accountings of disclosures of their protected health information. The announcement seeks comments from the public as the agency hopes to craft the law so as to provide the greatest transparency for individuals with respect to access to and disclosures of their PHI, while minimizing the burden on covered entities and business associates.
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NLRB Continues to Focus on Social Media
With the Wall Street Journal reporting that the NLRB has more than two dozen cases involving worker complaints aired on the social media site Facebook, the Board is struggling to address some of the issues social media creates in the workplace.
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Employers May Consider Applicant’s Bankruptcy When Making Hiring Decision, Eleventh Circuit Rules
One might think that bankruptcy is a private matter, with little to no bearing on whether one can meet the qualifications for a particular job. As my colleagues report today, the U.S. Court of Appeals for the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) joins its sister Circuits (the Third and Fifth Circuits) in
HHS’ Office of Inspector General Recommends More HIPAA Audits
Government report says HIPAA enforcement not sufficient to protect electronic health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business associates.
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