Category Archives: Privacy

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Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R. 1313), a GOP-sponsored bill currently under consideration in Congress, could dismantle the employee privacy protections of the Genetic Information Nondiscrimination Act (GINA).… Continue Reading

New Notice Requirements For Employer Wellness Programs

Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness programs that collect employee health information (such as through a health risk assessment or biometric screening) must issue a notice to employees before employees provide … Continue Reading

Data Security Issues in the Workplace: It’s 10:00 p.m. – Do You Know Where Your Company’s Data Is?

It seems that not a day goes by without another massive data breach incident providing fodder for the morning headlines or the evening news. That should come as no surprise. According to key studies, the average company experienced more than 91 million security events in 2013 and 33 percent of Fortune 100 organizations will experience an information crisis by 2017, … Continue Reading

The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools, but also provide an open door for risk. Employees can post or write negative comments in social media that may create liability for their company, cause … Continue Reading

The NLRA Protects Employees Who Secretly Tape Record Meetings With Their Supervisors!

In Hawaii Tribune-Herald, 356 N.L.R.B. No. 63 (February 14, 2011), the National Labor of Relations Board held that an employee’s secret tape recording of a meeting with his supervisor was protected activity; and, as a result, the employee’s termination was a violation of the National Labors Relation Act.

The basis of the Board’s decision was based, in part, on … Continue Reading

Federal Court Gives Guidance on Computer Use/Privacy Policies

Although the workforce’s heavy reliance on email and other electronic resources is not new, many employers are still grappling with how to address the ever changing ways in which employees utilize the company’s computer systems for personal purposes. One of the primary challenges created by employees’ personal use of company systems is exposure to invasion of privacy claims. These claims … Continue Reading

HR’s Addition of a Legal Hold Policy to the Employee Handbook Can Help Reduce E-discovery Risks

Unfortunately, many employers have learned the hard way that failing to properly preserve emails and other files after receiving notice of a potential employee claim can result in severe sanctions against the company. One well known example is Zubulake v. USB Warburg. Although Zubulake started out as a fairly “vanilla” gender discrimination case, the employer made a series of … Continue Reading

EEOC Provides For Further Job Protections

Yet another law for employers to worry about!

The U.S. Equal Employment Opportunity Commission (EEOC) has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act (GINA). GINA applies to all employers covered by Title VII and generally prohibits discrimination and harassment in the terms and conditions of employment, including health benefits, on the basis of genetic … Continue Reading

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