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Joseph J. LazzarottiBlog Posts

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  • EEOC Counsel Provides Guidance for Managing Employee Medical Information

    EEOC "Rehabilitation Act" "medical information" MRC "medical records custodians"
    April 8, 2010
  • Federal Contractors To Deal With Federal File Sharing Concerns

    Under a measure passed overwhelmingly by the U.S. House of Representatives (408-13), federal contractors would be required to adopt measures established by the Office of Management and Budget to limit open network peer-to-peer file sharing software (P2P Software). Likely a response to the leakage of House and Senate ethics investigations, if the “Secure Federal File … Continue reading Federal Contractors To Deal With Federal File Sharing Concerns
    March 29, 2010
  • Employee Data Security Complaint Supports Whistleblower Retaliation Claim

    Employees’ increasing sensitivity to data privacy and security, and widely accepted public policy to protect personal data maintained by businesses, require employers to respond meaningfully to employee data privacy and security complaints or risk whistle blower claims of retaliation. The U.S. District Court for the District of New Jersey recently held that an employee who … Continue reading Employee Data Security Complaint Supports Whistleblower Retaliation Claim
    March 17, 2010
  • WISPs Beyond Massachusetts

    Over the past few months, many businesses, particularly in the Northeast Region, have been focusing on creating a written information security program (WISP) to comply with Massachusetts identity theft regulations that went into effect March 1, 2010. For many, this has been a significant effort, reaching most, if not all, parts of their organizations. However, … Continue reading WISPs Beyond Massachusetts
    March 17, 2010
  • New Mobile Phones Capable of Monitoring Employee’s Every Move?

    New mobile phone technology may allow employers to track very precise movements and activities of employees, such as walking, climbing stairs or even cleaning. As reported by Michael Fitzpatrick of BBC News, the technology developed by KDDI Corporation, a Japanese company, “works by analyzing the movement of accelerometers, found in many handsets.” This enhanced level … Continue reading New Mobile Phones Capable of Monitoring Employee’s Every Move?
    March 12, 2010
  • Whitepaper On Social Media Use By Employees

    Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies. These risks can take many forms – FTC endorsement issues, inadvertent sharing of confidential company or personal information, harassment claims, blog posts harmful … Continue reading Whitepaper On Social Media Use By Employees
    March 5, 2010
  • HHS Posts On Its Website Covered Entities Reporting HIPAA Data Breaches

    On February 22, 2010, the Office of Civil Rights (OCR) posted on its website its first list of covered entities that have reported breaches of unsecured protected health information affecting more than 500 individuals. OCR acknowledged the HITECH Act requires HHS to make this information public by posting it on an HHS website. The breach notification rule became effective on … Continue reading HHS Posts On Its Website Covered Entities Reporting HIPAA Data Breaches
    February 22, 2010
  • Supervisors Do Not Have Unrestricted Access to Employee E-mails

    Based partially upon an interpretation of Florida law, in Global Policy Partners, LLC, et al. v. Yessin, 2009 U.S. Dist. LEXIS 112472 (Nov. 24, 2009), a Virginia district court has ruled that an LLC’s partner does not always have the authority to access a partner’s e-mails simply by virtue of his status in the company. … Continue reading Supervisors Do Not Have Unrestricted Access to Employee E-mails
    February 16, 2010
  • “Cyber-Insurance” – Pushing Businesses to Protect Against the Next Data Breach?

    It’s been around for a while, but could new products in the “cyber-insurance” market help companies focus on this emerging threat known as “information risk”? The National Journal reports that for many companies online security is not a priority. Tom Risen’s article cites to a Verizon study conducted between 2004 and 2008 (pdf) that determined … Continue reading “Cyber-Insurance” – Pushing Businesses to Protect Against the Next Data Breach?
    February 13, 2010
  • ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage

    A recent case emphasizes that employers must ensure they do not make improper medical inquiries related to pre-employment drug test results at the pre-offer stage. John Harrison v. Benchmark Electronics, Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010). Some valuable lessons for employers are discussed below. The Eleventh Circuit Court of Appeals … Continue reading ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage
    February 12, 2010

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