Privacy

How to make the leap to electronic HR records

11/15/2011

Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.

Freedom of speech: Does it apply at work?

09/23/2011

In private-sector workplaces, employees do not have First Amendment rights, as public employees do. But certain laws do provide employees with some protection for certain types of expression at work.

Not all employee online musings are ‘protected’

08/22/2011

While you shouldn’t punish employees who complain about working conditions (pay, perks, supervisors, etc.) on social media sites, you don’t have to tolerate overt insubordination or workers who violate confidentiality rules.

‘Can we talk?’: How to handle requests for secrecy

08/01/2011

Say one of your employees stops by your office with a troubled look on her face. She has a complaint, but wants to speak with you “off the record.” Can you comply with her request for confidentiality? Should you? It all depends on the content and context of the complaint.

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011

Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Tell staff: Break data rules, risk prosecution

06/16/2011

When explaining your computer-use policy, make sure employees understand they may be criminally prosecuted if they violate the rules and gain access to information they have no business reading. That should make them think twice about obtaining confidential information and passing it on to the competition.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

‘Private’ email? Remind your employee that there’s no such thing!

05/13/2011

Make it clear with employees—early and often—that your electronic communications are not their private playground. Legally, it’s your organization’s property and you have the right to monitor every email as you wish.

Monitoring the virtual water cooler: Employees on Facebook and more

05/10/2011

It’s a sure thing: Your employees are using social media such as Facebook and Twitter. That means you need to make conscious decisions about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

NLRB presses first case involving Twitter posts

05/03/2011

Employees have the right to discuss working conditions, whether face-to-face around the water cooler or in the online world. The National Labor Relations Board seems intent on making sure employers understand that social media posts are protected, too. Hot on the heels of a decision involving Facebook, the NLRB is now tackling Twitter. Tip: Time for you to develop a social media policy.