With more employees working remotely, companies increasingly expect them to access business software and data from their personal devices, making a sound “Bring Your Own Device” policy important to increase productivity and lower costs while also minimizing risks associated with cyber security and…
Your Company Collects Health Data From Americans. What Laws Apply?
Numerous data privacy and security laws govern the private sector’s collection and use of health data in the U.S. These laws vary in scope and substance but some combination of them would probably apply to companies if, for example, they provide health insurance or collect health information from…
When Monitoring Employees Gives Rise to Legal Risks
The Electronic Communications Privacy Act permits employers to monitor oral and electronic communications if they have a legitimate business purpose or obtain employee consent. The U.S. National Labor Relations Board has held that employers with a unionized workforce must obtain the applicable…
Are Your Employees Camera Ready?
The U.S. Supreme Court in 1977 recognized that states have the ability to designate a “right of publicity,” which protects an individual’s economic interests to control the commercial value of their name and likeness and prevent unauthorized exploitation by others. Twenty-five states have enacted…
Washington to Allow Nurses With Multistate Licenses to Begin Practicing in the State
Washington, which recently became the 40th jurisdiction to enact the Nurse Licensure Compact, will allow nurses holding an active, unencumbered multistate license to begin practicing in the state on July 24. Additionally, as part of the NLC legislation, the Nursing Care Quality Assurance…
Seven in 10 Hiring Managers Use Social Media to Get Answers to Illegal Interview Questions
Thirty-one percent of hiring managers say they always look at candidates’ social media, 44% say they sometimes do, 13% say they rarely do, and 12% say they never do, according to a survey of 1,013 U.S. hiring managers by ResumeBuilder.com. The main motivations behind viewing social media are to…
Employee Protections for Victims of Stalking or Domestic Violence
More state laws are being implemented to protect employees or their family members who are victims of domestic violence, sexual assault, or stalking. The laws generally prohibit certain employers from discriminating or retaliating against victims of sexual assault, domestic violence, or stalking…
Employer Responsibilities for Biometric Data
Employers should be aware of various state and federal laws regulating how employees’ biometric data can be stored and used. Most state laws require employers to notify employees of the collection of biometric data, obtain employee consent prior to collecting such data, implement policies and…
Labor Dept. Inspector General Identifies ‘Integrity of Foreign Labor Certification Programs’ as a Top Management Challenge
Seyfarth Shaw (12/28/11) Paparelli, Angelo; Mozes, Gabriel; Quill, John The U.S. Department of Labor’s Office of the Inspector General has identified maintaining the integrity of foreign labor certification programs among the “most serious management and performance challenges facing the Department.” The OIG notes that the Employment and Training Administration, which administers the programs, faces challenges…
The Presidential ElectionβA Top Topic at the 2012 ASA Staffing Law Conference
This could be a critical election for the staffing industry, with the President, all of the U.S. House of Representatives, and 33 senators up for re-election. Find out what it could mean for the future of your company. During the 2012 ASA Staffing Law ConferenceβApril 17β18 in Washington, DCβhear Charlie Cook, the pre-eminent authority on…