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Technology and the Law

Top Five Legal Issues for Employers in 2010

January 6, 2010
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Fueled by negative economic conditions, substantial layoffs and salary reductions, employees are aggressively seeking relief through challenges to their employers’ policies and practices. While the financial prospects for 2010 show some signs of improvement, there is no question that employers will see a continued increase in the breadth and amount of litigation.
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Could Your Company Be Liable for Child-Porn Viewing

December 16, 2009
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Attorneys say that employers can be held liable for negligent supervision or retention of workers who view child pornography on company computers. They can also be found liable if they discover an individual has been viewing pornography and do nothing.
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New National Health Care Claims Database to Replace Flawed System

October 29, 2009
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New York Attorney General Andrew Cuomo’s move is seen as part of an effort to replace the flawed Ingenix system. Funding is to come from $100 million in fines collected to date.
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Ex-Ford Engineer Charged With Stealing Trade Secrets

October 16, 2009
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A former Ford Motor Co. engineer has been charged with stealing trade secrets from the automaker after accepting a job in China in 2006.
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Are Your Employees Dangerously 'Intexticated'

October 16, 2009
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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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Doctors Warned of Data Theft Risk From Laptop Stolen From Blue Cross and Blue Shield Employee

October 15, 2009
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The American Medical Association is warning physicians across the country about the possibility that their identities could be stolen as a result of a theft of a laptop from the car of a Blue Cross and Blue Shield Association employee.
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Worker Privacy Not Just a Problem for Erin Andrews

October 1, 2009
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It might seem impossible that an employee’s privacy could be violated in the tell-all world of Facebook and Twitter. But workers do have privacy rights, and employers violate them at their peril. Here are three examples of note.
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On-Call Disputes Create Litigation Dangers

September 13, 2009
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'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

September 3, 2009
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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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