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Social Media and Privacy Cannot Coexist

During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesting point about the accessibility of employees' social media by employers. The question arose as to whether employees can short-circuit workplace problems by locking...

Your Employees' "Private" Facebook Posts Are Not Private

What is this? A broken record? Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case. Today, we head south down 95, and then west to Franklin County...

California Passes Comprehensive Social-Media Privacy Laws

California is now the third state to pass legislation banning employers from requesting or requiring the social-networking passwords of employees and applicants. The bill was passed by the state Assembly on Wednesday, reports the WSJ Blog . Maryland was the first state to pass a social-media password...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Does HIPAA Apply to Employers?

by Ruth T. Griggs The Health Insurance Portability and Accountability Act, better known as HIPAA, protects the privacy and security of patient health information . A common question from human resource managers has been what is the impact of HIPAA on an employer’s ability to collect employee...

Boss Hacks Personal Email Account of Employee. Emotional Distress Follows.

Another case involving employer access to an employee’s personal email account. And the bad things that follow. The plaintiff was an administrative assistant to the Athletic Director of a public school district in Tulsa, Oklahoma. In her complaint, she alleged that she had reported that the...

Coworking Part 2: Data & Privacy Risks

In my last blog post, I discussed the emerging importance of coworking spaces in the post-industrial workforce. In this part two of the series, at the risk of bursting this utopian post-industrial bubble, I set out some of the more pressing employment law issues with coworking spaces. (1) Confidential...