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Top 10 Issues for Employers, Issue #6: Balancing BYOD Programs with Expectations of Privacy at Work

This is the sixth instalment in our Top 10 Issues for Employers series. OVERVIEW - The workplace practice of bring your own device (BYOD) has hit the mainstream as more and more employees use their own mobile...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Retirement Plans Incur Data Breaches; ERISA Council Addresses Cyber Risks

Until relatively recently, retirement plans have not made the news as targets of data breaches. This is somewhat surprising, given the wealth of participants’ personal data stored online by these plans. This past summer,...more

The Sharing Economy: Developments in Collaborative Workspaces

Alternative office space sharing arrangements offer several benefits but are not without their downsides. The Great Recession of the late 2000s and the rise of the sharing economy have led to a concurrent growth in...more

November 2016: Asia-Pacific Update

Privacy and Government-Issued Identification in Japan. In this age of proliferate information and increased cyber crime, securing personal information is critical. Even the disclosure of no more than an individual’s social...more

What to Expect in the Employee Benefits and ERISA World

President-elect Trump’s new administration will be in place in just two months. Employers wonder about what the incoming administration will do with respect to workplace laws that impact them. In the Employee Benefits and...more

BNV Home Care Agency Settles GINA violation for $125,000

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it has entered into a settlement with BNV Home Care Agency, Inc. (BNV) for $125,000 for violations of the Genetic Information Non-Discrimination...more

Everything Compliance-Episode 2 [Video]

This episode is dedicated exclusively to where FCPA enforcement, SEC enforcement, the compliance profession and compliance programs may be headed under the Trump administration, with a dash of anti-trust enforcement and EU...more

What GCs Need to Know About EPLI

This is the fifth in our series of posts for general counsel and the HR professionals who support them. As we have noted previously, GCs are responsible for a lot but may not have time to become an expert on everything. These...more

Smartphone blunders in the workplace

In a world where smart phones and apps are evolving faster than you have time to update them, it’s important to take a moment to reflect on the potential for inadvertent disclosure and self-sabotage in the workplace....more

Employee Data Security [Video]

Consumer data incidents have garnered a significant amount of attention in the public sphere, whereas data incidents concerning employees has received much less attention. The discussion about consumer v. employee data does...more

Pension Plan Suffers Cybersecurity Attack, ERISA Advisory Council Offers Cybersecurity Recommendations to DOL

It has been reported that infamous bank robber, Slick Willie Sutton, once said, “I rob banks because that’s where the money is.” Data thieves, understandably, have a similar strategy – go where the data is. The retail...more

Into The Breach: How To Prevent Data Breaches And Respond To The Aftermath

Employers have a legal obligation to safeguard and protect a variety of information hosted in the workplace. Unfortunately, when it comes to workplace data breaches, the question is not if you will suffer one, but when....more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

Court Finds Airport Cannot Fly Under the Radar on Employee’s Email Privacy Claims

A federal district court in Virginia recently grounded an airport’s attempt to escape liability for accessing an employee’s email account. (Hoofnagle v. Smyth-Wythe Airport Commission.) The decision, which delivered a mixed...more

Finding a Balance Between Cell Phone Access to Work Email and On-Call Pay

Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now...more

The Dangers Of The Darknet - And Why Constant Monitoring Of Workplace Computer Activity Is A Modern Necessity

Nearly every piece of data and information generated by businesses these days is corralled into various electronic storage sites, such as company network servers, software-as-a-service (SaaS) business applications, and...more

Investment Management Update - October 2016

Investment Adviser AXA Wins Excessive Fee Trial - A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management...more

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

Employment Law Navigator – Week in Review: October 2016 #4

Last week, the Federal Trade Commission and the U.S. Department of Justice Antitrust Division issued guidance for human resources professionals on how antitrust laws apply to employee hiring and compensation. The federal...more

Employment Law This Week®: ACA Section 1557 Notice Requirements, Retaliation Under the ACA, Big Data Analytics, Sexual Orientation... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

HIPAA Compliance – Not Just an Issue for Health Care Providers

Many people believe that compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is solely an issue for health care providers and their affiliates. However, nothing could be further from the...more

Compensation and Benefits Insights – September 2016 #2

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge...more

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