In a highly anticipated case, the Eastern District of Pennsylvania District Court recently held that an individual who creates a LinkedIn account associated with his or her employment owns the LinkedIn account, not the employer. Eagle v. Morgan, Case No. 11-4303 (E.D. Pa. Mar. 12, 2013). However, the Court further found that the former employee… Continue Reading
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
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
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
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.
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
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