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
FMLA
California Appellate Court Expands Common Law Right of Privacy
By Jackson Lewis P.C. on
The Fourth District Court of Appeal for the State of California expanded the tort of "public disclosure of private facts" under that state’s common law right to privacy in a case involving a claim by an employee against her supervisor and employer. Ignat v. Yum! Brands, Inc. et al, No. G046434, (Cal. Ct. App. March…
Social Media: A Key Source of Evidence in Employment Cases
By Joseph J. Lazzarotti on
Posted in Social Networking
As a growing number of states pass laws to restrict employers from gaining access to employees’ personal social media accounts, what employees post in social media can be critical evidence in employment-related investigations and litigations. Check out my partner J. Gregory Grisham’s recent article in HR Professionals Magazine discussing a recent Sixth Circuit decision concerning this issue…
Where the FMLA and HIPAA Meet
By Joseph J. Lazzarotti on
Posted in HIPAA, Workplace Privacy
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…