Labor & Employment Science, Computers & Technology

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against...more

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Can a PA Employer be Liable to its Employees for a Data Breach?

It’s a nightmare scenario for any employer: you’ve been hacked. Thousands of your employees’ names, birthdates, Social Security numbers, and bank account information have been stolen. This information is used to file...more

PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and...more

Federal Court in California Rules on DTSA’s “Extraordinary” Ex Parte Seizure Remedy

When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information...more

EEOC issues guidance on new wellness notice mandated for 2017

Effective as of the first day of the plan year that began on January 1, 2017, or after, employers maintaining wellness programs that collect employee health information must satisfy a new notice requirement. The EEOC has...more

Hack Attacks!

Lately, the news has lead with stories about the alleged Russian hacking of various American political organizations, ostensibly for the purpose of influencing the 2016 elections. U.S. law enforcement has surmised that the...more

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

Employment Law Navigator – Week in Review: January 2017 #2

Last week, the Department of Justice issued a release describing efforts to increase diversity in law enforcement. The release states that “Underlying this work is a recognition that while greater workforce diversity alone...more

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

Key Employment Law Events in 2017 and Beyond

Current indications are that 2017 may be a fairly static year as regards to employment law. Whilst it is anticipated the government will trigger Article 50 to start Brexit negotiations, these are likely to last for at...more

Employment Law Navigator – Week in Review: January 2017

During the Navigator’s holiday break, many commentators wrote about what the new year is likely to bring for employers and employees. The Washington Post identified social policy, technology and diversity as the three issues...more

2016 was the Year of the Data Breach

Although every year we lament about the significance of data breaches in the past year, 2016 was by far the worst. Data breaches were rampant, victimizing every industry and numbing consumers in the process. It was so bad...more

OSHA Sustainability Paper Notes Opportunity to Integrate Sustainability and Nanotechnology Research

The Occupational Safety and Health Administration (OSHA) released on December 20, 2016, a white paper entitled Sustainability in the Workplace: A New Approach for Advancing Worker Safety and Health. The paper highlights the...more

Employment Law Changes in the Trump Administration

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more

Employment Law Navigator – Week in Review: December 2016 #3

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Compliance Role in Mitigating Cyber Mayhem

In recent years, attention has been drawn to the impact of cyber and data breaches and the extent to which our organizations remain vulnerable to these threats. The cost of cyber and data security breaches is well known and...more

New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Ce´cile discussed the passing of...more

Obama Signs 21st Century Cures Act, Adding $6.3 Billion For Medical Research

The Cures Act aims to increase the speed by which new drugs are brought to market by streamlining clinical trials, allowing the use of patient data in the regulatory review process, and modernizing U.S. Food and Drug...more

Will the New Executive Administration Impact the H-1B Lottery?

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

Every breath you take, every move you make – the future of measuring workplace productivity

Technological advances in monitoring and surveillance call to mind the lyrics of The Police’s widely misinterpreted hit, Every Breath You Take. But how will this emerging new frontier play out in workplaces and work...more

Employment Law Navigator – Week in Review: December 2016 #2

Last week, fast food CEO Andrew Puzder was selected by the incoming administration to lead the U.S. Department of Labor. Puzder is currently the CEO of CKE Restaurants, which owns fast-food chains Carl’s Jr. and Hardee’s....more

Locked in Sixty Seconds: Ransomware, Remote Access, and the Brave New Internet of Things

A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more

Data Analytics Enables Health Plans to Predict When Employees Need Health Services and For How Long

We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group...more

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