Tag: Privacy

9th Circuit Rules Private Texts Aren’t Protected Speech

One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]

When Is Arbitration the Best Option?

If you run a business, you’ve probably encountered arbitration clauses. These contractual provisions require parties to resolve disputes in private proceedings instead of court and are celebrated as a cost-effective alternative to in-court litigation. But arbitration might not always be a beneficial proposition for business disputes. Those who have arbitrated cases know the process features […]

An Ounce of Prevention: Establish an Effective Privacy/Cybersecurity Program

Data breaches have become common occurrences. Nearly every business—including nonprofits—collects, stores, and uses personal information (PI) that’s valuable to bad actors. All organizations store and process PI about their employees, and many nonprofits store and process PI about their donors and volunteers. Bad actors can cause financial harm to those whose PI is stolen, but […]

When Everyone Is Watching: Employee Monitoring and Tracking

Many workplace concerns arose during the COVID-19 pandemic or were preexisting but were exacerbated by it. One such issue is employee monitoring. Employers normally monitor employees extensively—timekeeping, project billing, performance evaluations, etc.—but the explosion of remote work during the pandemic created a lucrative market for more extensive monitoring processes. Monitoring Basics Monitoring can take a […]

Case Study: Former Employee’s Private Social Media Not So Private After All

A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023, the New Jersey Appellate Division ruled her private social media accounts and personal cell phone records are relevant and must be turned […]

Steps to Take Before Installing Video Surveillance at Work

Question:         We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating surveillance cameras are in use, or do we need to have each employee sign a waiver? Answer:   Generally, you may monitor […]

Monitoring Employee Social Media

Social media is ubiquitous. With our use of social media at an all-time high, employers must take extra care to protect company information. In a world in which employees are live streaming their “everything” on social media, employers must determine whether to monitor employee social media accounts. And it’s not uncommon for employers to do […]

What the Las Vegas Strip massacre means to employers

by Deanna Forbush The current Google Doodle says it all. The Doodles generally express recognition of a special day, such as the celebration of a holiday, an anniversary, or the life of a famous artist, pioneer, or scientist. Since last Sunday’s horrific Las Vegas massacre, however, the Google Doodle is a simple mournful black ribbon. […]

New Florida law offers employers protection against hackers

by Lisa Berg Effective October 1, Florida business owners will have a new civil remedy in the event they’re harmed by unauthorized access to their computers or information stored on protected computers. Under Florida’s Computer Abuse and Data Recovery Act (CADRA), businesses can pursue a civil action for “harm or loss” suffered as a result […]

Virginia online privacy law takes effect July 1

by Sara Sakagami Virginia’s new law placing restrictions on the circumstances in which employers may access their employees’ social media accounts takes effect July 1. Virginia Code § 40.1-28.7:5 prohibits employers from requiring current or prospective employees to either (1) disclose login information for a personal social media account or (2) add an employee, supervisor, […]