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Category Archives: Privacy

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Wall Street Confidential: Does Your Workplace Policy Put You at Risk With the NLRB?

By D. Porpoise Evans on Posted in NLRB, Privacy, Unions, Workplace Safety

Currently before the United States Court of Appeals for the D.C. Circuit is Banner Health System v. National Labor Relations Board, in which Banner Health appeals a ruling by the National Labor Relations Board (the “NLRB”) ruling that the routine practice of requiring workplace investiga-tions to be kept confidential violates Section 7 of the National… Continue Reading

Employers Requesting Facebook Access May Face Federal Consequences

By Peter Hall on Posted in Legislation, Privacy, Uncategorized

Add the United States Senate to the growing list of legislative bodies considering new laws that would ban employers from requiring job applicants to turn over their Facebook usernames and passwords as part of the background investigation process. As the number of stories of applicants rejected or employees being “Facebook-fired” has grown, savvy social media… Continue Reading

How Much Is Your Privacy Worth? According to Department of Health and Human Services, Millions.

By GT Labor & Employment Team on Posted in Privacy

The privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are critically important for employers to understand and comply with. In general, HIPAA requires that records containing individually identifiable health information are secure and only available to certain parties. Additionally, HIPAA also requires that privacy procedures are adopted and… Continue Reading

Social Media in the Workplace – The Social Media Policy

By Eric Sigda on Posted in Privacy

With use of social networking sites becoming more and more common, employers that do not yet have a social media policy should consider implementing one. A social media policy permits effective monitoring of employee use (or misuse) of social media and establishes guidelines for that use. 

Employees’ Private Email Accounts Not Necessarily Off-Limits To Employers

By GT Labor & Employment Team on Posted in Privacy

The precise wording of an employer’s computer usage policy could have a significant impact in a lawsuit with a former employee. That is one lesson from a recent decision out of California. In Holmes v. Petrovich Development Co., LLC, an employee sued her employer for, among other things, discrimination and retaliation. While defending the case,… Continue Reading

How Private Are Employees’ Electronic Communications?

By GT Labor & Employment Team on Posted in Privacy

Most employers provide their employees with all sorts of technology, including Blackberries, Internet access, and email accounts.  And all of this technology typically flows through the employer’s network and servers. Because this technology is the employer’s property, it’s reasonable to assume that the employer can monitor and review employees’ emails, text messages, IMs, etc., sent and received… Continue Reading