Registered nurse terminated for posting on Facebook while dispensing medication to a patient loses unemployment claim. Reason: employers’ written electronic communication policy.
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Joseph J. Lazzarotti
Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.
In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.
More Instances of Identity Theft Affecting Children
NBC’s Bob Sullivan reported on a rising trend of identity thieves targeting children. Why? Well, having no real credit history, most children’s credit is clean and good. Also, children, particularly younger children, are not going to be needing or looking at their credit for some time. These factors make children more attractive targets of identity theft.
Mr.
Inter-agency Cooperation Nabs HIPAA Violator for HHS
Any illusion an organization may hold that it is operating “under the radar” of regulators should be shattered in the current compliance environment. Governmental agencies are increasingly able to efficiently coordinate with one another in matters of enforcement, and this post is a good example of that.
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NLRB Focus Remains on Social Media
Seemingly intent on making sure it is perceived as current, if not trendy, today’s National Labor Relations Board (NLRB) has continued to demonstrate an avid interest in social media. Not only is it paying attention to new media in all its forms, but it is also actively participating, with a Facebook page, a YouTube…
Human Resources Vendor Settles FTC Charges that it Failed to Protect the Sensitive Employee Data of its Clients
Promising a company that you will safeguard its employees’ information and then failing to do it according to Federal Trade Commission (FTC) standards likely will be viewed by the FTC as an unfair and deceptive business practice and trigger an enforcement action.
This was the case for Lookout Services, Inc., a company that maintains large amounts of…
Employee Indictment Reinstated for Alleged Computer Fraud and Abuse Act Violations
The federal appeals court in San Francisco has 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”) in trying to start a business that would compete with his former employer. .
The indictment in United States v. …
Small to Mid-Sized Businesses Wake Up! The National Association of Secretaries of State Warns Identity Theft Does Not Just Hurt Individuals
The National Association of Secretaries of State has recognized that the newest victims of identity theft are small and medium-sized businesses. These businesses need to take steps to safeguard not only personal information of customers, employees and others, but also the businesses’ corporate and financial data.
Continue Reading Small to Mid-Sized Businesses Wake Up! The National Association of Secretaries of State Warns Identity Theft Does Not Just Hurt Individuals
Restitution Includes Credit Monitoring Costs Following Data Breach Under CFAA
A recent criminal case involving a government employer harmed by a computer hacking incident affecting its personnel records may provide support for companies seeking to recover the costs they incur when taking appropriate steps to investigate these data incidents and mitigate harm when a breach is found to have occurred.
Continue Reading Restitution Includes Credit Monitoring Costs Following Data Breach Under CFAA
Cautionary Tale for Health Care Providers Subject to HIPAA – Don’t Forget State Law
This recent Michigan case makes clear that when handling protected health information, HIPAA is not the only game in town. Health care providers also must consider state law protections which, as this and other courts have held, will trump HIPAA when the state laws are more protective.
Continue Reading Cautionary Tale for Health Care Providers Subject to HIPAA – Don’t Forget State Law
Where the FMLA and HIPAA Meet
In a case addressing the Family Medical Leave Act (FMLA) that directly implicates the privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), Pacosa v. Kaiser Foundation Health Plan of the Northwest, the Portland Division of the United States District Court of Oregon awarded summary judgment against a physician assistant who claimed…