Confidentiality Policies

News & Analysis as of

Telecommuting — Employees Enter the Sharing Economy? (Part 2)

Last week we began delving into some of the many issues that the rise of telecommuting has caused employers to confront, ranging from jurisdictional questions to how to determine when remote employees are actually working and...more

Think you can keep your internal investigations confidential? Think again.

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

The California Fair Pay Act

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

Preparing for Compliance with California’s New Fair Pay Act

When California’s Fair Pay Act goes into effect January 1, 2016, the state’s employers will be subject to the strictest equal pay law in the country. The new law is part of an increased effort on both the federal and state...more

D.C. Adopts Screening of Laterals, But Adds Delayed or No Notice Exception

The District of Columbia Court of Appeals, in Order No. M-242-12 of Oct. 8, has adopted amendments to RPC 1.10 that will allow firms who hire lateral lawyers to screen those lawyers in order to prevent imputation of their...more

What is a Federal Computer Crime? It depends where you are

When an employee has access to data for work, but the employee uses it for non-work purposes, is that a federal crime under the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030)? The answer depends on where you are....more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

California Expands Gender-Based Wage Protections by Adopting “Substantially Similar” Test and Requiring Employers to Justify Wage...

The California Fair Pay Act, which goes into effect on January 1, 2016, prohibits employers from paying employees less than the rate paid to members of the opposite sex who perform “substantially similar” work. Although...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Companies: Five Steps to Protecting Trade Secrets

If your management team knows it needs to better protect company trade secrets but isn’t sure where to start, take note. and PwC have put together a five-step framework to guide companies on how to identify, assess...more

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

NLRB: Peer Review Obligations Trumped by NLRA

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

Trade Secrets: Policies and Procedures and the Reasonable Steps Requirement

By their very nature, trade secrets are ‘secret’ and are not protected in the same way as traditional forms of intellectual property. When the worst does happen and trade secrets are compromised, most countries’ laws require...more

Is the NLRB Outlawing Confidentiality Policies?

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

Accused Student Sues Columbia University Over Mattress Case

It looks like the “mattress case” will not be going to bed anytime soon. On Thursday, April 23, 2015, Paul Nungesser, the accused student at the center of the internationally renowned “mattress case” (“Nungesser”)...more

Caught Stealing More Than Bases, St. Louis Cardinals Teach Trade Secret Safety to All Employers

The recent hacking attack against the Houston Astros is a wake-up call for all employers: no organization is safe from its adversaries’ attempts to steal proprietary information to gain a leg up in the competition. The...more

New Guidance Regarding Employee Handbooks Part Five: Rules Restricting Employees From Leaving Work: What Are The Boundaries?

This post is the fifth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules Here, Employee Conduct Rules,...more

Issues Concerning Substance Abuse Patient Confidentiality Laws

It was with the best of intentions that Congress passed the Federal Confidentiality of Alcohol and Drug Abuse Patient Records Law over forty years ago. The patient privacy regulations (“Part 2”) spawned by this law reflected...more

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

New Guidance Regarding Employee Handbooks – Part Four: Permissible Rules Restricting Photography and Recording: A Snapshot

This post is the fourth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules, and regarding Employee...more

EEOC issues proposed rule on resolving the ADA and employer wellness programs: limited incentives permitted, medical...

This week, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules describing how the Americans with Disabilities Act (ADA) applies to employer wellness programs that form part of group health plans. ...more

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