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Report Link Liability for Data Security Breaches Expanding (pdf).Vedder Price - May 02, 2007 On January 17, 2007, a computer hacker accessed the
computer systems of TJX Companies, Inc., a parent
company of T.J. Maxx, Marshall’s and other retailers,
and stole sensitive and confidential information
communicated during customer transactions dating
back to 2003. Fraudulent use of this stolen information
has thus far been detected in Florida, Georgia,
Louisiana, Hong Kong and Sweden. As a result of
this incident, numerous class actions have been fi led
against TJX on behalf of consumers whose information
was stolen. Report Link Bills Banning "Pretexting" And Protecting Veteran Data Clear Congress.Jackson Lewis LLP - December 21, 2006 Two privacy and data security measures affecting employers received legislative approval as the 109 th Congress draws to a close. One measure would criminalize certain corporate investigative methods. The other measure would require data security provisions be included in contracts between the Veterans Administration and private sector service providers. Report Link California's Supreme Court Requires Employers Nationally to Re-Examine Telephone Monitoring Policies and Practice.Littler Mendelson, P.C. - August 03, 2006 In a unanimous decision with national implications, the California Supreme Court ruled July 13, 2006, in Kearney v. Solomon Smith Barney, Inc. ("SSB"), that out-of-state businesses are prohibited from secretly monitoring or recording their telephone calls with California residents, even if that conduct takes place in any of the 38 states (and the District of Columbia) where only one party's consent is required to lawfully monitor or record a telephone call. The ruling, at a minimum, will require all employers whose employees communicate by telephone with any of California's 36 million residents to re-examine their policies and practices for monitoring and recording telephone calls. The decision most likely will have an even broader impact as the highest courts of the 11 other states which, like California, prohibit monitoring or recording telephone calls without the consent of all parties to the communication, are likely to follow California's lead when interpreting their own states' privacy laws. Report Link Court Finds Employer Has Duty to Third Party to Act on Knowledge that Employee Accessed Pornography at Work (pdf).Ford & Harrison LLP - March 07, 2006 A New Jersey appeals court has permitted
a plaintiff to proceed with her negligence
claims against her ex-husband’s employer
based on allegations that the employer knew her
ex-husband was accessing pornography at work
and had a duty to investigate and report this access
to the proper authorities. Report Link Prohibiting Porn in Your Workplace Is Not Enough: New Jersey Court of Appeals Imposes New Duties on Employers Who Engage in Electronic Monitoring.Littler Mendelson, P.C. - February 02, 2006 In a precedent-setting decision, the New Jersey Court of Appeals held on the eve of 2006 that employers have a duty to uncover and stop an employee's use of corporate electronic resources for child-porn activities once the employer knows, or should know, that an employee is accessing adult pornography. If followed in other jurisdictions, this case, Doe v. XYC Corp., No. A-2909-04T2 (N.J. Super. Ct. Dec. 27, 2005), could provide the basis for a whole new genre of employment litigation that seeks to hold employers responsible for the damages to victims of crimes committed by employees using corporate electronic resources. At a minimum, the case provides an important reminder that an employer who is put on notice that its employees are utilizing the company's electronic resources for nonbusiness purposes should take steps to ensure that the use does not include accessing pornography, or worse. Report Link Employee Monitoring: How Far Can Employers Go?Jackson Lewis LLP - February 04, 2005 E-mail, Instant Messaging, global positioning systems, telephone systems, and video cameras have given employers new ways to monitor the conduct and performance of their employees. If not done properly, however, new technology can lead to new sources of employer liability. Report Link Mum's the Word: Confidentiality of Employee Information.Rothgerber Johnson & Lyons LLP - September 20, 2004 Confidentiality can become an issue in many workplace decisions and activities. Some of the more obvious confidentiality concerns relate to protecting customer or client information. Organizations usually take great care to protect client information because not to do so might result in the loss of that customer. But what about employees? Employers maintain considerable information and records on employees that likewise should be treated as confidential. Report Link Employer's Unauthorized Access To Employee's Website May Violate Federal Statute.Ballard Rosenberg Golper & Savitt - September 01, 2002 The Ninth Circuit ordered a jury trial where an employer's alleged use of false pretenses to access an employee's website violated the federal Stored Communications Act, which prohibits unauthorized access to an "electronic communication service." Report Link Balancing Property and Privacy Interests in the Modern Workplace [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - June 15, 2002 In today’s workplace, employees use e-mail, voicemail, companywide computer systems, the Internet, and other company property in performing their everyday tasks. * * * Unfortunately, employees do not always use company
property in an appropriate manner. Report Link Legal Issues Involved in Monitoring Employees' Internet and E-Mail Usage.GigaLaw.com - January 01, 2002 Many companies electronically monitor their employees' Internet and e-mail usage, but doing so can lead to lawsuits by employees who believe their privacy is being invaded. Report Link Legal Issues Involved in Monitoring Employees' Internet and E-Mail Usage.GigaLaw.com - January 01, 2002 Many companies electronically monitor their employees' Internet and e-mail usage, but doing so can lead to lawsuits by employees who believe their privacy is being invaded. Report Link Employee Monitoring, Investigations and Privacy Matters.Jackson Lewis LLP - November 21, 2001 Among the ways employers can retain more control over what happens at their workplaces is to monitor the actions of employees. However, there are many restrictions, both practical and legal, on what measures employers can lawfully take to monitor workplace behavior. Report Link Surveillance Video and Report Not Required to Comply with FRCA [PDF File].O'Melveny & Myers LLP - April 01, 2001 Discusses Salazar v. Golden State Warriors, __ F.Supp.2d __ (N.D. Ca. November 9,2000), in which the court held that a surveillance video of, and accompanying report about, an employee prepared by a private investigation firm falls outside the Fair Credit Reporting Act. Report Link Monitoring Employee E-Mail And Internet Use.Schulte Roth & Zabel LLP - December 01, 2000 Article discusses risks associated with employee e-mail and Internet use and drafting a lawful monnitoring policy. Report Link e-trends: more companies are monitoring e-mail.Fredrikson & Byron, P.A. - March 01, 2000 Brief discussion regarding the increase in employer electronic monitoring of employee e-mail (including some AMA statistics). Report Link MONITORING WORKPLACE ELECTRONIC COMMUNICATIONS. Crosby, Heafey, Roach & May - June 01, 1999 Discussion of the increasing trend in employer monitoring of employee electronic communications and the risks associated with such surveillance. Click Here For Article Report Link Secret Tape Recordings in the Workplace–The Linda Tripp Phenomenon [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - February 22, 1999 Lengthy discussion regarding the legality of secret tape recording in the workplace. Report Link Fact Sheet #7: Employee Monitoring: Is There Privacy in the Workplace? Privacy Rights Clearinghouse - August 01, 1997 General discussion of employer techniques of monitoring employees, including telephone and computer monitoring. Report Link workplace privacy: four key principles to follow. Fredrikson & Byron, P.A. - January 01, 1997 Provides tips for employers to ensure that they do not violate employee privacy rights. Report Link Can We Tape?Employment Law Information Network - (No Date) Reference site for information on tape recording phone calls.
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler |
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