Privacy Labor & Employment

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Cybersecurity Risks and Liabilities for Employers, Retirement Plan Sponsors and Fiduciaries

Many employers historically were only concerned with privacy and security for health plans under the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (‘‘HIPAA’’) and State laws;...more

W2 Phishing Scam Hits Citizens Memorial Hospital

We continue to see all industries hit with W2 phishing scams, including the health care industry. Citizens Memorial Hospital, located in Bolivar, Missouri, was hit with the scam when one of its employees believed that an...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Hong Kong Email Wire Fraud Epidemic - How to retrieve funds and prevent wire fraud

Over the Lunar New Year period, we observed a spate of email wire frauds (or ‘business email scams’) which involve funds being wired internationally to bank accounts in Hong Kong. The amounts transferred vary from a few...more

The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment...more

Payroll and Email Do Not Mix

Tax season brings with it many headaches. For the last couple of years, W2-related phishing scams have been among them. Cyberthieves may send email to HR or financial personnel that looks like it comes from a senior...more

HIPAA for HR - Some Good News for Employers

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually...more

HR, Payroll, Finance Department Beware: Renewed IRS W-2 Phishing Scam Alert

The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire transfer payments. Scammers...more

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

Expert Insights on Developing a Physical Security Program

In today’s digital age, security tends to be thought about in terms of firewalls, malware, encryption and other safeguards for electronic systems. But the security of those systems, as well as an organization’s facilities,...more

New French Law Limits Work Email Outside of Business Hours

A new French law establishes employees’ “right to disconnect” beginning January 3, 2017. The new law is an amendment included within a broader labor reform bill, the El Khomri Labor Law (after Labor Minister Myriam El...more

Keeping Your Company’s Data Safe This Tax Season

Tax-related identity theft is nothing new, but tax season 2016 took tax schemes to a new level. Last year, our cyber experts advised a large cluster of clients (public and private companies) over a period of only two...more

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

Last week, in her first public comments since her appointment, new EEOC Chair Victoria Lipnic indicated that the agency will focus on age discrimination, equal pay, and job growth. Lipnic also indicated that the agency will...more

Privacy Perils: Social Engineering Fraud - the C-Suite Maneuver

It's a common misconception that cyber-criminals use sophisticated technical tools to hack into a person's computer or online accounts. More often than not, cyber attackers use old fashioned trickery or "social engineering"...more

GPS Tracking and Smartphone Apps – Get Consent!

With the proliferation of satellite navigation systems and smart phones, many employers have contemplated using GPS tracking to increase efficiency, and frankly, to keep a better eye on their employees during the work day....more

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more

Gone Phishing: IRS Warns Businesses of Tax Season W-2 Phishing Scam

Tax season is upon us, and as millions of people nationwide are preparing to file their tax returns, the Internal Revenue Services (IRS) has issued an urgent warning regarding a recurring e-mail phishing scheme targeting...more

IRS Issues Warning of “Dangerous W2 Phishing Scam”

We always see a surge in W2 email phishing schemes this time of year, as it is tax time, and many individuals are filing their tax returns in order to get a quick refund. So are criminals and cyber-hackers. ...more

Hungary defines legal grounds for data processing in the workplace

Due to the nature of employment relationships, personal employee data are processed in countless contexts every day. However, Hungarian labor regulations have very limited provisions on data processing at the workplace....more

Employer Privacy Policies: A How-To Guide

In 2005 Michigan became the first state to pass a statute requiring employers to create an internal privacy policy that governs their ability to disclose some forms of highly sensitive information about their employees....more

Friday Compliance News Flash

This is the first in a series of Friday news flashes – five short legal compliance matters you should know about that may help your organization. 1. Know Before Your Hire: 2017 Employment Screening Trends – Roy Maurer...more

Employer (Still) Has No Duty to Protect Confidential Information

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

ERISA Advisory Council Issues 2016 Report on Benefit Plan Cybersecurity

“Cyber threats cannot be eliminated but they can be managed. Cyber experts say that it is not a question of if you will have a cyber-attack, rather it is a question of when. The next question is what you are going to do about...more

Dangerous W-2 Phishing Scam Evolving; Targeting Schools, Restaurants, Hospitals, Tribal Groups and Others

The Internal Revenue Service, state tax agencies and the tax industry issued an urgent alert today to all employers that the Form W-2 email phishing scam has evolved beyond the corporate world and is spreading to other...more

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