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Electronically Stored Information Employer Liability Issues

Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

Fisher Phillips on

Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Littler

Your Recordkeeping Data Is About to Steal the Spotlight–How to Prepare for OSHA’s Expanded E-Recordkeeping Rule

Littler on

On July 21, 2023, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register amending its regulation on Improved Tracking of Workplace Injuries and Illnesses. The final rule...more

Association of Certified E-Discovery...

[Webinar] Emoji in the Workplace – What You Need to Know - November 3rd, 12:00 pm - 1:00 pm EDT

The percentage of the connected population utilizing emoji in the workplace has increased from 33% in 2016 to 77% today. More than 26 million custom emoji have been created in Slack and the use of emoji in Teams is universal,...more

FordHarrison

[Webinar] The Ins and Outs of Conducting an Effective Workplace Investigation - September 20th, 2:00 pm - 3:00 pm ET

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Join FordHarrison attorneys David Gobeo and Ari Hernandez for a complimentary webinar session that will discuss when and how to conduct workplace investigations following an employee’s complaint. They will review how to plan...more

Ward and Smith, P.A.

Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance

Ward and Smith, P.A. on

We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar. The following article highlights...more

Association of Certified E-Discovery...

[Virtual Event] Emoji in the Workplace – What You Need to Know - October 27th, 12:00 pm - 1:00 pm ET

The percentage of the connected population utilizing emoji in the workplace has increased from 33% in 2016 to 77% today. More than 26 million custom emoji have been created in Slack and the use of emoji in Teams is universal,...more

Fisher Phillips

One Year Later: How the Evolving Work-from-Home Climate Prompts Reminders for Technology Best Practices

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Perhaps no COVID-19 phenomenon will have a more lasting impact than the virtual office. Many employers recently marked the first anniversary of the decision to ask their employees to work from home in an effort to combat the...more

Association of Certified E-Discovery...

Business Considerations for COVID Era Workplaces Related to Employment Law and eDiscovery

With the outbreak of COVID-19, all have been impacted, particularly in the workplace. Many have been furloughed or laid off. Others have transitioned to work-from-home, and essential workers have had to find ways to safely...more

Roetzel & Andress

Possible Employer Vicarious Liability For Employee’s HIPAA Violation Even When Employee Engages In Unauthorized Act

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Can an employer be held liable for an employee’s HIPAA violation even if the employee engaged in an unauthorized act that was motivated by the employee’s own personal interest? In the recent decision of SoderVick v. Parkview...more

Association of Certified E-Discovery...

[Webinar] The Impact of Emoji in Workplace Communications - March 5th, 1:00 pm ET

More than 26 million custom emoji have been created in Slack and the use of emoji in Teams is universal, revolutionizing the way we communicate. Some employees can have entire discussion with emoji, and it takes just one...more

Pillsbury Winthrop Shaw Pittman LLP

New Cybersecurity and Privacy Law in New York Affects Employers in New York and Beyond

The SHIELD Act will impose substantial new obligations on any employer with an employee residing in New York State, as well as on many employers across the country that conduct online hiring. Regardless of their location or...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Flaster Greenberg PC

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

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When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Ruder Ware

Employee Use of Company E-mail May be Protected from Company View

Ruder Ware on

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Polsinelli

New Guidance on Employee-Owned Device Discovery

Polsinelli on

As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own...more

Searcy Denney Scarola Barnhart & Shipley

Do BYOD Corporate Policies Provide an Unfair Protection?

BYOD — Bring Your Own Device - Should defendants be permitted to adopt a policy concerning employee use of personal computing devices in business that benefits the defendant and then hide behind that policy to its benefit...more

Fisher Phillips

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

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The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

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Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Fisher Phillips

How Not To Stub Your Toe On Pay Stub Claims

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Perhaps no law is a better example of California’s finicky wage and hour rules than Labor Code section 226, which governs the format, content, and issuance of pay stubs. Even well-intentioned and otherwise careful employers...more

BCLP

How Employers Can Become Experts at Data Breaches: Tossed Files

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A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

Kilpatrick

BYOD (Bring Your Own Device) Policies and Best Practices

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Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Hinshaw & Culbertson LLP

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

Fisher Phillips

Massachusetts Employers: Protect Your Documents

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An important new Supreme Judicial Court decision has paved the way for Massachusetts employees pursuing certain discrimination claims to engage in what the court has dubbed “self-help discovery.” This new variant of...more

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