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Technology and the Law

Are Your Employees Dangerously 'Intexticated'

October 16, 2009
Commentary: Cell phones, BlackBerrys and iPods are affecting job safety. Some businesses have already recognized the dangers associated with such devices, and have put policies in place to limit their use at work. Others, however, haven’t perceived the risk, and could be setting themselves up for lawsuits and workers’ compensation claims.
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On-Call Disputes Create Litigation Dangers

September 13, 2009
'On-call' arrangements are common in many industries, but some employees are claiming that their on-call assignments are so restrictive that they should be considered ‘on duty’ and therefore be entitled to their hourly wage (including overtime pay). In the face of this new scrutiny, you can safeguard your facility by reviewing your policies, with special attention to several practices than can bring problems.
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Privacy Concerns and Employee Surveillance

Employees may have enforceable privacy interests in work areas, such as enclosed offices where they work, changing rooms and lockers accessible only to the employee. While searches or surveillance of work areas can be defended with legitimate cause, employers should consider policies and procedures to alert employees to the employer's reserved right to conduct such surveillance. Even then, surreptitious photographing of employees should be carefully limited.
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New Regulations Cover Health Care Information Data Breaches

August 25, 2009
The U.S. Department of Health and Human Services has issued regulations requiring providers, health plans and other entities covered by the Health Insurance Portability and Accountability Act to notify individuals when their health information is breached.
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How Employers Can Keep Themselves From Being YouTubed

May 8, 2009
When some Domino's employees recorded their nauseating sandwich-making antics and posted them online, it opened the company up to what could be a devastating blow to its reputation. In the incident's wake, employers should re-evaluate their employment practices and consider putting safeguards in place to help prevent a similar occurrence.
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Employee Today, Competitor Tomorrow

Former employees have been known to misappropriate a company’s proprietary information to gain employment or realize an advantage with a competitor. Some attempt to use the company’s confidential personnel information to solicit current employees to resign and join a competitor. To avoid becoming a target of such actions and minimize any damage that results, employers must take certain precautions to protect key business assets: the company’s confidential and proprietary information and its relationships with its customers.
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