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Technology and the Law

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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As the Scope of Employment Expands, So Does Employer Liability

Generally, employers are liable only for the torts of their employees committed within the scope of employment. Unfortunately, the scope-of-employment doctrine has never had clearly defined edges, and now, with the blurring of the line between personal and professional lives, employers are exposed to ever-increasing liability. They may need to rethink their policies on providing employees with mobile devices.
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Survey Tech Firms Cutting Back on Staffing

December 15, 2008
The job cuts are also expected to affect tech salaries. Some 53 percent of hiring managers and recruiters surveyed by Dice said they expect flat salaries, and 27 percent anticipate lower salaries for new hires this year.
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