Pli workplace privacy in the year 2013 2013-6-13mkeane
Addresses privacy issues associated with hiring in a social media world, privacy issues associated with BYOD programs; employee privacy rights associated with off-duty activity including Facebook postings and activity protected by lifestyle laws.
Workplace Privacy and Employee Monitoring: Laws and Methodscmilliken09
As a final business project we were instructed to develop a business document with research and documentation on a subject dealing with business law. I chose to create a document about workplace privacy because it was an interesting topic to me. Understanding these laws and methods after writing this paper allowed me to fully understand the rights and actions that an employee/employer is liable for.
Balancing an employer's right to know vs. privacy; wireless devices and employee's privacy violations; monitoring and creating policies regarding internet, email, tesxting and other electronic communications; wireless devices and employee's and employer's privacy violations; off the job behavior;
Pli workplace privacy in the year 2013 2013-6-13mkeane
Addresses privacy issues associated with hiring in a social media world, privacy issues associated with BYOD programs; employee privacy rights associated with off-duty activity including Facebook postings and activity protected by lifestyle laws.
Workplace Privacy and Employee Monitoring: Laws and Methodscmilliken09
As a final business project we were instructed to develop a business document with research and documentation on a subject dealing with business law. I chose to create a document about workplace privacy because it was an interesting topic to me. Understanding these laws and methods after writing this paper allowed me to fully understand the rights and actions that an employee/employer is liable for.
Balancing an employer's right to know vs. privacy; wireless devices and employee's privacy violations; monitoring and creating policies regarding internet, email, tesxting and other electronic communications; wireless devices and employee's and employer's privacy violations; off the job behavior;
An hour long presentation on "hot topics" for Canadian employers. Deals with business system monitoring, employee responsibility for "off duty" publication and background checks.
Employee Privacy from the point of view of the employer:
-What employers can and cannot monitor, review, and access in regards to their employees
-Workplace searches
-Electronic monitoring
Employee Privacy from the point of view of the employee:
-What employers should be doing to protect the privacy of their employees
-Proper recordkeeping
-Prevention of ID theft in the workplace
After the presentation, Brittany will take questions from webinar attendees during a Q&A session.
This webinar was posted on December 1, 2011 and presented by Brittany Cullison.
Edward; w5; employee privacy report; 08.16.11. Copyright 2013 Edward F. T. Ch...Edward F. T. Charfauros
Edward F. T. Charfauros, inspiring author, assists fellow students with their presentation for a successful grade. He also blogs upon his own inspiring blog, where you'll discover life changing stuff. Sign up for his blog by sending him an email~
Copyright 2013 Edward F. T. Charfauros. Reference, www.YourBlogorResume.net.
An hour long presentation on "hot topics" for Canadian employers. Deals with business system monitoring, employee responsibility for "off duty" publication and background checks.
Employee Privacy from the point of view of the employer:
-What employers can and cannot monitor, review, and access in regards to their employees
-Workplace searches
-Electronic monitoring
Employee Privacy from the point of view of the employee:
-What employers should be doing to protect the privacy of their employees
-Proper recordkeeping
-Prevention of ID theft in the workplace
After the presentation, Brittany will take questions from webinar attendees during a Q&A session.
This webinar was posted on December 1, 2011 and presented by Brittany Cullison.
Edward; w5; employee privacy report; 08.16.11. Copyright 2013 Edward F. T. Ch...Edward F. T. Charfauros
Edward F. T. Charfauros, inspiring author, assists fellow students with their presentation for a successful grade. He also blogs upon his own inspiring blog, where you'll discover life changing stuff. Sign up for his blog by sending him an email~
Copyright 2013 Edward F. T. Charfauros. Reference, www.YourBlogorResume.net.
Unit 6 Privacy and Data Protection 8 hrTushar Rajput
Right to Privacy and its Legal Framework, The Concept of Privacy, National Legal
Framework for Protecting Privacy, International Legal Framework for Protecting Privacy, Privacy Related Wrongs and Remedies, Data Security, The Concept of Security in Cyberspace, Technological Vulnerabilities, Legal Response to Technological
Vulnerabilities, Security Audit (VA/PT), Data Protection, Data Protection Position in
India, Privacy Policy, Emerging Issues in Data Protection and Privacy, BPOs and
Legal Regime in India, Protect Kids' Privacy Online, Evolving Trends in Data Protection and Information Security
Paper #1Reasonable Expectation of PrivacyIn this discussion,.docxsmile790243
Paper #1
Reasonable Expectation of Privacy
In this discussion, we are asked about the reasonable expectation of privacy on government-owned equipment that has been issued to us. In my opinion, the government is actually in the right to search without a warrant the computer records and history of government employees. The Fourth Amendment prohibits unreasonable searches and seizures from both civil and criminal authorities (Lynch, 2006). I would argue that since the government owns the issued equipment then the government has every right to search that equipment. The Fourth Amendment protects an American citizen’s property from seizure and the privacy of that American citizen, but this equipment is not privately owned. Also, when an American citizen becomes a federal employee then the citizen should be held to the standards of the government. The government employee could also have access to sensitive material, in which that material if leaked, could cause serious and detrimental harm to the interests of the United States. In cases that involve an employee having access to sensitive material, then the federal government has every right to access the computer records of this person. Also, a phone issued out by the federal government should only be used for the government, and not for private use. I have a government computer issued to me. That computer is used for government business and was paid for by the government. In my opinion, the federal employee should not have a reasonable expectation of privacy on equipment that is issued by the federal government. The United States Supreme Court is still in the process of evaluating how the protections garnered from the Fourth Amendment fits into this digital age (Ferguson, 2020). In saying this, future court cases that take place in the digital age can eventually change the Supreme Court’s stance on privacy protections.
References
Ferguson, A. G. (2020). Structural Sensor Surveillance.
Iowa Law Review
,
106
(1), 47+.
https://link.gale.com/apps/doc/A648382109/AONE?u=tel_a_bethelc&sid=AONE&xid=084bdf7f
Lynch, M. (2006). Mere platitudes: the "Domino Effect" of school-search cases on the Fourth Amendment rights of every American.
Iowa Law Review
,
91
(2), 781+.
https://link.gale.com/apps/doc/A145338747/AONE?u=tel_a_bethelc&sid=AONE&xid=4dcacfe1
Paper #2
Rights of Employers to Monitor Employee Devices
Morrison and Bailey (2011) state that smartphones can now perform tasks formerly reserved for computers. These phones have tremendous processing hardware and significant memory capacity to run both productivity-enhancing and productivity-impeding software. These phones can take pictures, record videos, and support video conferencing. In short, these modern smartphones are capable of delivering and receiving vast amounts of information.
Given these phones' abilities, employers have a concern about the use of these phones in the workplace. Weisberg (2019) says that after the terrorist attack.
Privacy and Data Security: Minimizing Reputational and Legal RisksTechWell
Privacy and data security are hot topics among US state and federal regulators as well as plaintiffs’ lawyers. Companies experiencing data breaches have been fined millions of dollars, paid out millions in settlements, and spent just as much on breach remediation efforts. In the past several years, data breaches have occurred in the hospitality, software, retail, and healthcare industries. Join Tatiana Melnik to see how stakeholders can minimize data breach risks, and privacy and security concerns by integrating the Privacy by Design Model into the software development lifecycle. To understand how to minimize risks, stakeholders must understand the regulatory compliance scheme surrounding personally identifiable information; the Privacy by Design approach and the Federal Trade Commission’s involvement; and enforcement actions undertaken by federal agencies, State Attorneys’ General, and class action suits filed by plaintiffs.
Warning how background checks can get your staffing agency in big troubleMike McCarty
The highly unregulated background screening industry has peddled extremely low quality background checks by relying on incomplete databases, limiting the scope of the search to 7 years or not including alias names. Now, there is a fast growing movement to restrict the use of criminal background checks. It is critical that staffing companies understand how to conduct legally compliant criminal background checks that align with:
• Ban the Box
• EEOC 2012-2016 Strategic Plan
• Fair Credit Reporting Act
• Social Media Background Checks
Data protection law in India is currently facing many problem and resentments due the absence of proper legislative framework. There is an ongoing explosion of cyber crimes on a global scale. The theft and sale of stolen data is happening across vast continents where physical boundaries pose no restriction or seem non-existent in this technological era. India being the largest host of outsourced data processing in the world could become the epicentre of cyber crimes this is mainly due absence of the appropriate legislation
A simple, beautiful guide to understanding GDPR (General Data Protection Regulation).
All businesses in the UK and EU need to comply with GDPR by the 25th of May 2018 or risk hefty fines.
Use this free, visual guide to understand how you need to comply.
We'll be looking at what your customers' rights are, privacy by design, breach notifications, data security and more.
Finally, we'll give you a GDPR action checklist so you can take right steps to comply with the legislation in time.
Data Privacy: What you should know, what you should do!
CSMFO Data Privacy in the Governmental Sector, Local Government. Data Privacy Laws, PCI, Breaches, AICPA – Generally Accepted Privacy Principles
Consumers rely on businesses to keep their personal information safe. Too few of those businesses are actively protecting that data. Here’s what’s gone wrong, and how businesses should be responding. Full blog here: http://bit.ly/1Jtzym5
The Most Wonderful Time of the Year for Health-IT...NOTCompliancy Group
The Compliancy Group offers FREE HIPAA education with industry experts from across the industry. This months webinar with Axis Technology focuses on Health IT and the challenges that come with it. Register for our upcoming webinars at www.compliancy-group.com/webinar
“Data localisation or data residency laws require data about a nations' citizens or residents be collected, processed, and/or stored inside the country, often before being transferred internationally, and usually transferred only after meeting local privacy or data protection laws, such as giving the user notice of how the information will be used and obtaining their consent.” - Wikipedia
The General Data Protection Regulation (GDPR) becomes enforceable at the end of May, 2018. Designed to strengthen and unify data protection for individuals within the European Union (EU), it comes with a strict set of compliance protocols. And, because GDPR also applies to the export of the export of personal data outside the EU, it is applicable to any entity that uses or exchanges this data. As Vice President and Senior Legal Counsel for a leading international bank, Paul knows firsthand the importance of protecting and securing customer data and intelligence. Join Paul to learn about responsibilities and accountabilities that your organization will need to address.
Discussing about privacy related issues in the areas of Financial Data, Health Information and Children’s Personal Data with identifying regulations in USA and EU. Also it focus on Fair Information Practices.
How GDPR will change Personal Data Control and Affect EveryoneThomas Goubau
The proposed new EU data protection regime extends the scope of the EU data protection law to all foreign companies processing data of EU residents. It provides for a harmonisation of the data protection regulations throughout the EU, thereby making it easier for non-European companies to comply with these regulations; however, this comes at the cost of a strict data protection compliance regime with severe penalties of up to 4% of worldwide turnover.
Similar to Evolving Issues in Workplace Privacy (20)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Evolving Issues in Workplace Privacy
1. WHOSE RIGHT IS IT:
Evolving Issues in Workplace Privacy
Margaret Keane
DLA Piper
Margaret.keane@dlapiper.com
Presented to Lorman Education
October 13, 2016
2. Agenda
2
I. Overview of Workplace Privacy Issues, Employee Data
Governance and Background Check Trends
II. Big Brother is Here to Stay: Managing Mobility and
Monitoring
III. It’s a Social World: Constraints on Access and Use of
Social Information
IV.Wellness, Big Data and Other Challenges
3. Workplace Privacy is a Function of Context
3
Information Used to Source and Hire Talent
Employee Information From Third Party Sources, including
Background Checks and Social Media
Information That Employees Provide Voluntarily
Employee Information Obtained from GPS, Wearables, RFID
and Other Sensors
Employer and Customer Information Entrusted to Employees
Company Liability for Inappropriate Use of Employee Information
Company Liability for Employee Breaches
Different Playing Field for Global Employers
4. Is Anyone in Charge?
Numerous laws touch workplace privacy, but there is no umbrella
Federal Trade Commission (FTC) regulates background checks
Department of Labor has significant role, with enforcement responsibility for
National Labor Relations Act, ADA and GINA
Relevant federal laws include Health Insurance Portability and Accountability
Act of 1996 (“HIPPA”), Gramm-Leach-Bliley (“GLB”), Electronic
Communications Protection Act (“ECPA”), Stored Communications Act
(“SCA”), Fair Credit Reporting Act (“FCRA”), Genetic Information Non-
Discrimination Act (“GINA”), Americans with Disabilities Act (“ADA”)
State laws may provide constitutional protection of privacy
State statutes address “lifestyle information,” medical and genetic information,
social media access, background checks, drug tests, social security numbers,
biometrics and use of GPS, RFID for surveillance and tracking
Related Laws
Record Retention Requirements, particularly important for government
contractors, medical and financial services sectors – state and federal laws
Data Breach Notification Statutes
4
5. Employee Data Governance
248382415.2 5
Governance of Employee Data
Employee data should be managed from start to finish
Key elements of protecting employee data include:
• Employee data inventory and data mapping
o What types of employee data do you have and where it is stored?
o How and where does employee data move internally and externally?
• Limit access to applications and databases with employee data
• Procedures and standards for handling and transferring employee
data
• Targeted training for employees handling employee data
7. EEOC & FTC Issue Joint Background
Check Guidance, March 10, 2014
“Background Checks: What Employers Need to Know”
Must notify applicant or employee that information may be used to make
employment decisions
Need written permission before getting background reports from a company
in the business of compiling background information
Illegal to discriminate based on a person’s race, national origin, sex,
religion, disability, or age or genetic information when requesting or using
background information for employment
Must comply with all FCRA requirements
Must keep all personnel or employment records, whether hired or not, for
one year, or until case concluded if applicant/employee files charge of
discrimination
Must securely dispose of background reports
“Background Checks: What Job Applicants and Employees
Should Know”
Not illegal for potential employers to ask someone about their background
as long as employer does not unlawfully discriminate
Right to review background report for accuracy and explain negative
information, if report was basis for denial of job or promotion
Source: “Background Checks: What Employers Need to Know,” March 10, 2014.
http://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm
Source: “Background Checks: What Job Applicants and Employees Should Know,” March
10, 2014. http://www.eeoc.gov/eeoc/publications/background_checks_employees.cfm
7
8. FCRA Remedies
Cases can be based on failure to use FCRA disclosure and authorization
forms, adverse action notices or other practices with disparate impact
Minimum statutory damages of $100 to $1,000 for willful violations
Class action-friendly cases where standard procedures used
Low damages add up when multiplied against large applicant pools
Attorney fees to a successful plaintiff
No statutory cap on defendant’s exposure
2016 Supreme Court ruling helps employers with standing defenses
8
9. State and Local Laws
Numerous states restrict an employer’s consideration of
criminal history in making employment decisions
Common provisions:
Workplace posting and notice obligations
Sequencing restrictions (when an employer can
ask questions)
Inquiry restrictions (what employer cannot ask about)
Source restrictions (what employer cannot access)
“Job-relatedness” requirements (may limit employer’s discretion
to screen out applicants)
Recent trend to restrict use of credit checks – NY, CA, IL, MD,
CT
Local restrictions: San Francisco, New York City
9
11. Yours, Mine and Ours: Managing
Mobility and Monitoring
BYOD: Bring Your Own Device
A BYOD program includes:
Policies that govern use of personal devices to
access corporate services
Policies attempt to manage risk associated with
storage and transmittal of data using devices that
may be outside of the employers control
Policies to address impact of mobile devices on existing
workplace behavior
Balance employer’s needs with employee privacy interests
11
12. Setting Up a BYOD Program:
A Master Plan for mobile device use in your organization
Balance employee’s interests vs. employer’s need for security
and protection of IP
Need to address challenges of dual use devices, REGARDLESS
of whether you adopt a BYOD program
BYOD policy should be part of an integrated Information
Governance Plan
Determine goals and objectives
Privacy Considerations
Remote wipes
Containers/sandboxes
Backups
12
13. What Happens When Employee
Refuses to Produce Device?
13
“The Association does
not dispute that the
Commissioner properly
used the destruction of
the cell phone to draw
an adverse inference.”
NFL v. NFLPA, April 25,
2016 (2nd Circuit)
14. I know where you are . . . and what
you’re thinking . . .
The new world of People
Analytics
The End of Hiring as We
Know it?
Big Data and Predictive
Analytics tools
Other Artificial Intelligence
applications
Moodometers, monitoring
chairs and more
14
15. Today’s Tracking Tools
Employee tracking sensors
Electronic badge is attached to employee
Sensors identify tags and report wearer’s location
to database
System can track employee’s exact location within the
office (including restroom) and amount of time spent at
each location
May record personnel with whom the employee
interacts
Records face, time, body, and behavior rhythm data
Valuable data for defending wage & hour litigation
Internet tracking and Artificial Intelligence
Records employee’s internet and application usage (including websites
visited, screen shots taken, social media, chat and instant messaging,
document tracking, and keywords and keystrokes used)
15
16. Why Monitor Data?
Boost employee productivity
Research on 90 call-center workers
Data: most productive workers belonged to close-knit teams and spoke
frequently with colleagues
Action: scheduled workers for group breaks
Result: productivity rose by >10%
Reveal how workers use office space
Office study
Complaint: office short on meeting space
Data: groups of 3-4 employees gathering in meeting rooms designed
for much larger numbers
Action: created more and smaller conference spaces designed for
small groups
16
17. GPS Tracking and the Constitution
Why Do We Care
Can track the location of a person in possession of a cellphone by GPS or
cell tower location
GPS can be accurate to within ten meters
Case law has developed in search & seizure context
US Supreme Court, Grady v. North Carolina, March 2015, recidivist sex offender
ordered to wear ankle bracelet with GPS monitor at all times, for the rest of his life.
N.C. court held that ankle bracelet was not a search, so therefore not unreasonable
search and seizure. Supreme Court held installing the bracelet is a search by
“physically intruding on a subject’s body.”
US Supreme Court, California v. Riley, July 2014, addressed warrantless search of
smartphone seized incidental to arrest. "Modern cell phones, as a category,
implicate privacy concerns far beyond those implicated by the search of a cigarette
pack, wallet or purse." Court held warrant was required, not directly applicable to
private sector but should inform employers decisions to search employee phones.
17
18. Constitutional Implications of
Employee Surveillance Tracking
United States v. Jones, 565 U.S. __ (2012)
Government GPS tracking device on
suspect’s car is “search” under 4th
Amendment
Effect of decision on private sector
unclear
Laws vary from state to state
CA: No person or entity in this state shall use an electronic tracking device to
determine the location or movement of a person.
NY: GPS in public employee’s personal vehicle lawful to investigate
misconduct during working hours
NJ: No privacy breach when private investigator placed GPS on plaintiff’s
vehicle because no travel to secluded or private area where privacy would be
expected
TX: GPS on vehicle without owner’s consent is unlawful
MO: No privacy invasion if GPS is used on company vehicle
Boundaries around GPS in the private workplace still unclear
18
19. What’s a Lifestyle Statute?
248382415.2 19
Lifestyle statutes address specific off-duty activity that cannot
be considered when an employer makes employment
decisions.
California, Colorado, New York, and North Dakota, prohibit
discrimination based on any lawful activity by an employee off
the premises and during non-working hours.
Illinois, Minnesota, Montana, Nevada, North Carolina, and
Wisconsin have slightly narrower lifestyle statutes that prohibit
discrimination based on an employee’s use of “lawful products”
or “lawful consumable products.”
Approximately 30 states prohibit discrimination based on the
use of tobacco, which was the original reason that these
lifestyle statutes were enacted.
20. Internet of Things
A global, immersive, invisible, ambient networked computing
environment built through the continued proliferation of smart sensors,
cameras, software, databases, and massive data centers in a world-
spanning information fabric known as the Internet of Things
“Augmented reality” enhancements to the real-world input that people
perceive through the use of portable/wearable/implantable technologies
Disruption of business models established in the 20th century (most
notably impacting finance, entertainment, publishers of all sorts, and
education)
Tagging, databasing, and intelligent analytical mapping of the physical
and social realms
Pew Research Center, May 2014, “The Internet of Things Will Thrive by
2025“
Available at: http://www.pewinternet.org/2014/05/14/internet-of-things/
20
22. 22
Employer Beware: Password
Protection Laws
At least 25 states have statutes that prohibit
employers from requesting an applicant or
employee’s username, password, or other
information necessary to access his or her social
media accounts.
http://www.ncsl.org/research/telecommunications-
and-information-technology/state-laws-prohibiting-
access-to-social-media-usernames-and-
passwords.aspx
Some have exceptions for workplace investigations.
Employers may be banned from “Shoulder Surfing”
and requiring applicants/employees to accept friend
requests
State definitions of social media may include
personal email, blogs, instant and text messages and
podcasts
23. Restrictions on Accessing Employee’s
Personal Social Media
Recruiting and HR. Don’t request, require or otherwise
attempt (no shoulder surfing) to obtain an applicant’s username
or password to a personal social media account. However,
password protection laws don’t limit access to publicly available
information.
Company Social Media. Policies should be clear that
accounts used to conduct the employer’s business are not
“personal accounts” and the associated passwords are company
property. Have a user agreement for Company blogs, Facebook
pages, LinkedIn pages, etc indicating agreement that account is
not personal and that password belongs to the Company and must
be surrendered on termination.
248382415.2 23
24. What is Protected Concerted Activity?
248382415.2
The NLRA prohibits discipline against employees who
engage in “protected concerted activity”
Protected = related to the terms or conditions of
employment, unionization, or an on-going labor dispute
Concerted = “with, or on the authority of, other employees
and not solely by and on behalf of the employee himself.”
Meyers Industries, 268 NLRB 493, 497 (1984)
Note: Employees in a non-unionized workplace can
engage in protected, concerted activity
24
25. Is it really Protected Activity?
248382415.2
1. What is the subject matter of the post?
Union organizing or exercise of rights under CBA or labor law
Work hours, wages, tax administration
Job performance or meetings with management
2. Who is participating in the discussion?
Only personal friends/relatives or co-workers included?
3. Is the employee expressing only an individual gripe?
4. Are employees acting collectively?
Preparing for discussion with management or otherwise acting
on behalf of group
5. Are the social media posts a direct outgrowth of prior
group discussions?
25
26. NLRB’s Latest on Social Media
policies
Chipotle Services LLC, 364 NLRB No. 72 (Aug. 18, 2016).
www.nlrb.gov/case/04-CA-147314 . Chipotles policy was held
unlawful, including provisions that:
Prohibited employees from posting incomplete, confidential, or
inaccurate information and making disparaging, false, or misleading
statements.
Prohibited employee solicitation during nonworking time in working
areas if the solicitation would be within visual or hearing range of
customers.
Limited the use of the Chipotle name in social media posts
Directed employees to avoid exaggeration, guesswork, and
derogatory characterizations of people and their motives.
Prohibited employees from discussing politics and from using
Chipotle name for political purposes.
248382415.2 26
27. 2016: Protecting Pay Discussions
1/11/2016 OFCCP issued regulations protecting employee rights to
inquire about, discuss or disclose their compensation or that of other
employees or applicants
8/25/2016 EEOC Enforcement Guidance on Retaliation and Related
Issues, detailing federal protections for asking about or discussing
compensation
9/30/2016. Federal Acquisition Regulation (“FAR”), Non-retaliation
for Disclosure of Compensation Information
States: CA, MD, MA and NY enacted/implemented new Equal Pay
Laws with anti-retaliation provisions protecting compensation
discussions
CA and MA limit employer’s ability to request salary history
None of the laws require employers to share salaries of other
workers
248382415.2 27
28. “A Little Knowledge is a Dangerous Thing.
So Is a Lot.” Alexander Pope
Knowing when to use social media activity
Hiring decisions
Responding to requests for leave and accommodation
Validating attendance
Negative commentary about employer and job
Be VERY careful and VERIFY the source
Talk to counsel, the obvious answer is not always right
28
30. Genetic Information
Nondiscrimination Act of 2008 ⦅GINA⦆
Illegal to discriminate against employees or applicants because of genetic
information
Employers may not use genetic information in making employment decisions
and may not request, require or purchase genetic information
Any employer that possesses genetic information about an employee must
maintain such information in separate files; and must treat it as a
confidential medical record and may disclose it only under very limited
circumstances
Prohibition on requesting information defines “request” to include “conducting
an internet search on an individual in a way that is likely to result in a
covered entity obtaining genetic information.” 29 C.F.R. §1635
Safe harbor for inadvertent acquisition applies where employer “inadvertently
learns genetic information from a social media platform where he or she was
given permission to access by the creator of the profile at issue (e.g., a
supervisor and employee are connected on a social networking site and the
employee provides family medical history on his page).” 29 C.F.R. §1634
30
31. Big Data and Your Health
Tools that anticipate disease.
Castlight Elevate™ – the first solution that identifies at-risk employees,
enables them to make educated behavioral health treatment choices, and
instantly access care – all through Castlight’s personalized health benefits
platform.
New ADA/GINA rules, effective 1/01/2017
Information from wellness programs may be disclosed to employers only in
aggregate terms.
ADA: employers must give participating employees notice of what
information will be collected as part of the wellness program, with whom it
will be shared and for what purpose, the limits on disclosure and the way
information will be kept confidential.
GINA rule includes statutory notice and consent provisions for health and
genetic services provided to employees and their family members.
248382415.2 31
32. Confidentiality of Medical Information Act
CMIA, Cal. Civ. Code § 56, et seq.
No health care provider shall disclose or
release medical information regarding a
patient of the provider without first
obtaining authorization
Eisenhower Medical Center v. Superior
Court, Case No. E058378 (Cal. Ct. App.
May 21, 2014)
Demographic information (name, birth
date, last four digits of SSN, and medical
record number) is not medical information
within meaning of CMIA
Assignment of medical record number does not
signify that a person has had medical
treatment
Demographic or numeric information or mere
fact that a person may have been a patient at
one time does not reveal medical history,
diagnosis, or care
32