Privacy

Worker takes patient records, university pays HIPAA fine

02/04/2016

Lest there be any doubt that employers are ultimately responsible for keeping confidential information under wraps, consider the case of the University of Rochester Medical Center. It is now paying for a security breach that was entirely preventable.

Attendance, biometric scanning and employee privacy

01/07/2016

Many employers now track attendance using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. New York employers should note a statute that limits the collection of biometric data.

Learn state laws on social media, employee privacy

09/23/2015

A new online resource from the Seyfarth Shaw law firm offers a state-by-state description of established and new laws designed to protect employees’ privacy rights on social media.

What should we do? We’re worried that one of our company laptops may contain child porn

09/14/2015

Q. Our HR team has been advised that one of our employees has been arrested for possessing child pornography. This employee has a company laptop computer that is in our worksite. What, if anything, should we be doing with this computer?

Personal data on business systems: The high cost of curiosity

08/19/2015

The intermingling of personal and business computing is creating traps for employers. What are you allowed to see, alter, delete … and take?

Listening to customer calls: Do we have to notify?

08/13/2015

Q. We plan to start having supervisors listen in on trainees’ phone conversations with customers. Do we have to inform the caller that we’re listening? We think the “this call may be recorded” message makes the call less authentic?

Can we circulate staff cell numbers and addresses?

08/13/2015

Q. We created an employee directory in Outlook that contains employee home numbers, cell numbers and addresses. It’s for internal use only. An employee complained. Is there any legal issue with us posting this information? Do we need to get permission from employees?

When can we search employees’ lockers?

07/29/2015

Q. An alarming amount of cash and inventory has gone missing from my retail store. I have also smelled odor of illegal drugs in the store. Am I authorized to search employees’ lockers for cash, inventory and drugs?

When a worker’s pace slows, can we ask if it’s health-related?

07/24/2015

Q. We have an experienced employee who is not working at an acceptable pace. We need to address his speed, but we’re concerned he may have medical issues. Can we ask him about his health? — Anonymous, Illinois

When the $#@& hits the GINA fan …

07/08/2015

You may have heard about homeowners’ associations and towns demanding DNA tests when a pooch does his business on someone else’s lawn or in a public park. That’s fine for canines and their owners. But when an employer tried the same thing, the law intervened.