Tracey Diamond

Tracey Diamond

Pepper Hamilton LLP

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EEOC Takes Sexual Orientation Discrimination to Federal Court

Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more

3/16/2016 - Civil Rights Act EEOC ENDA Gender Discrimination Gender Identity LGBT Sexual Orientation Discrimination Title VII

Court Grants Standing Against Coca-Cola Employer for Breach of Employee Information

The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury. In the latest in a slew of...more

10/8/2015 - Bailments Breach of Contract Cause of Action Accrual Civil Conspiracy Clapper v. Amnesty International Class Action Coca Cola Data Breach DPPA Fraudulent Charges Identity Theft Personally Identifiable Information Restitution Standing

Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

6/15/2015 - Breach of Contract Class Action Data Breach Data Security Duty of Care Negligence PA Supreme Court Personal Data Personally Identifiable Information Popular Safe Harbors Target

Philadelphia Mandates Paid Sick Leave for Employees

On February 12, Philadelphia Mayor Michael Nutter signed into law the Promoting Healthy Families and Workplaces Act (the Act), which requires most employers to provide paid sick leave to their employees. The law takes effect...more

2/18/2015 - Employee Rights Employer Mandates Local Ordinance Paid Leave Sick Leave Wage and Hour

Transgender Discrimination and the Equal Opportunity Workplace

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

2/6/2015 - Best Management Practices Discrimination Employer Liability Issues Gender Discrimination Protected Class Transgender

Going Mobile: The Risks and Rewards of a BYOD Program

Employees are increasingly using their personal electronic devices, such as laptops, smartphones, and tablets, for work purposes. The trend, dubbed “Bring Your Own Device” or “BYOD,” has redefined what it means to “be at...more

7/17/2014 - Bring Your Own Device Employer Liability Issues Over-Time Policies and Procedures Popular Privacy Concerns Trade Secrets

Are You Ready For Your Next Audit?

By now, federal contractors should have taken a hard look at their current Affirmative Action Plan (AAP) policies, procedures and documentation to ensure compliance with the new requirements. Under the Office of Federal...more

4/4/2014 - Affirmative Action Audits Federal Contractors Hiring & Firing OFCCP

Nothing Personal: How to be Smart About Your BYOD Workplace Policy (And Why It Matters!)

You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong....more

2/6/2014 - Bring Your Own Device Confidential Information FLSA Legal Perspectives Wage and Hour

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

12/19/2013 - ADA ADEA Bring Your Own Device Cybersecurity Data Breach Data Protection Discovery Discrimination Document Productions Employer Liability Issues GINA Mobile Device Management Mobile Devices NLRA Over-Time Protected Concerted Activity Stored Communications Act Title VII

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately  [Video]

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

12/19/2013 - ADA Bring Your Own Device Cybersecurity Data Breach Discovery Discrimination Document Productions Employer Liability Issues GINA Mobile Device Management Mobile Devices NLRA Over-Time Protected Concerted Activity Stored Communications Act Title VII

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

12/12/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB Savings Clause SCOTUS Unfair Labor Practices

Third Circuit Holds That Shareholder-Director Cannot Sue For Discrimination

The Third Circuit Court of Appeals recently ruled that a shareholder-director of a closely held family corporation was not an “employee” under Title VII, and therefore could not sue for discrimination. See Mariotti v....more

5/15/2013 - Board of Directors Closely Held Businesses Discrimination Shareholders

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