One of the consequences faced by companies that neglect workplace privacy issues is the possibility of a defamation lawsuit. Human resources departments should be careful to limit information about employees and former employees, including the reasons for a termination or leave of absence, to those with a need to know. References and requests for references should be treated carefully lest
Illinois Becomes Second State to Prohibit Employers from Demanding Social Media Passwords
Illinois becomes second state to prohibit employers from demanding social media passwords from employees and applicants
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Vermont Becomes Eighth State to Limit Access and Use By Employers of Credit Information
Effective July 1, 2012, Vermont joins California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington as jurisdictions that restrict an employer’s right to obtain and use credit information for making employment decisions. Similar legislation is pending in many other jurisdictions. Click here for more information about the Vermont law.
Social Media Guide for Hospitals
The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant
Mere Placement of Surveillance Cameras in Restroom Sufficient for Iowa Invasion-of-Privacy Claim
An invasion-of-privacy claim against an insurance agent brought by his former employee should proceed even where a surveillance camera placed by the agent in the workplace’s unisex bathroom was faulty, the Iowa Supreme Court has ruled. Koeppel v. Speirs, No. 08-1927.
The district court dismissed the invasion-of-privacy claim on summary judgment because there was no
Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner. 
In Rene v. G.F. Fishers, Inc.
Connecticut Becomes Sixth State to Prohibit Use of Credit Report Information in Making Employment Decisions
Connecticut joins five other states (Hawaii, Illinois, Oregon, Washington, and Maryland) in limiting what credit report information employers may use in making hiring or employment decisions.
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Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
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.
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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.
Continue Reading In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
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