Labor & Employment Conflict of Laws Privacy

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

Pennsylvania Court Rejects Request to Create Common Law Duty to Protect Sensitive Personal and Financial Information

A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

St. Paul, Problems with Being Human and Small Businesses Dealing with

Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not...more

Ninth Circuit Scales Back CFAA Application to Data Misappropriation Cases

Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more

Varied Facebook Password Laws Could Plague Employers

Originally published in Law360, New York on August 02, 2012. Illinois on Wednesday became the second state to enact a law banning employers from requesting passwords for Facebook and other social media accounts from...more

Scandalous trademarks, same-sex divorces, contracts and more!

A summary of recent developments in the law you may find interesting or relevant -- or both....more

Employee Mobility Alert: Ends versus Means: Courts Vary in Their Interpretation of Employee Liability under the Computer Fraud and...

The federal courts are currently split on the question of whether an employee can be held civilly liable under the Computer Fraud and Abuse Act (CFAA) for misappropriating confidential company information that the employee is...more

California Supreme Court Affirms Employer's Ability To Terminate Employee For Off-Duty Medical Marijuana Use

May a California employer refuse to hire a candidate who tests positive for marijuana use, if the candidate is qualified to use marijuana for medical purposes under California law? Does it matter that such marijuana use is...more

Monitoring Employees: Striking a Balance

The monitoring of employees’ electronic communications can be undertaken for various reasons, and is now standard practice among most, if not all, employers. However, when undertaking such monitoring, employers must ensure...more

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