By Erin Dougherty Foley and Karla Grossenbacher

Seyfarth Synopsis: In this hot topic webinar, on Thursday, November 16, 2017, we will discuss how to avoid becoming the next target in a lawsuit concerning the collection and retention of biometric data. There is no cost to attend this program, but registration is required.

In the past two months, at least
Continue Reading Upcoming Webinar: Using Biometric Technology Wisely

By Anthony CalifanoAriel D. CudkowiczJohn Ayers-Mann, and Frederick T. Smith

Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users.

The Judge who penned the decision began his analysis by quoting a 1967 lyric from
Continue Reading Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island

By Caitlyn Crisp and Michael Cross

Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.

When can an employer drug
Continue Reading Marijuana at Work: Testing of (and for) Mary Jane

By Karla Grossenbacher

Men typing in Whatsapp on IphoneSeyfarth Synopsis: Given the issues workplace texting presents for employers, employers would be wise to make clear in their policies what method of communication employees may use in the workplace for business purposes. If texting is allowed or tolerated in the workplace, employers need to review their policies relating to employee communication and record retention to
Continue Reading Are Your Employees Texting? The Risks To Employers In Taking Workplace Communications Offline

By Karla Grossenbacher

shutterstock_328329848-300x200Seyfarth Synopsis: This blog considers the blurring of the lines between personal and work-related communications which has created novel legal issues when it comes to determining whether an employer has the right to access and review all “work-related communications” made by its employees.

Over the last decade, communication via email and text has become a vital
Continue Reading Monitoring Employee Communications: A Brave New World

By Jonathan D. Karelitz and Craig B. Simonsen

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, contains extensive rules designed to limit access by non-health plan entities to certain individually identifiable health information (collectively referred to as the “Privacy Rule”).

The Privacy Rule contains a number of exceptions for when protected health information
Continue Reading HHS Fact Sheet on Your Employees’ and Clients’ Rights under HIPAA to Access their Health Information

By: Erin Dougherty Foley

On Monday, Apple unveiled its new MacBook (which is as pretty as it is light and nimble), number of new health related apps called “ResearchKit” (that claim to be able to help diagnose and monitor the progress of diseases like diabetes and Parkinson’s) and the much anticipated Apple Watch.  The watch appears to work like an
Continue Reading Apple Watch – Everything Old Is New Again

By Justin T. Curley and Laura J. Maechtlen

Earlier this week, we blogged about certain risks for employers created by “Bring Your Own Device” programs.  We continue our blog series here by discussing some additional topics to consider when adopting a BYOD policy.

Employee Privacy Concerns

Any BYOD policy should clearly define employee privacy expectations.  While employees have a reasonable
Continue Reading No LOL Matter: Employers Must Take Care When Adopting BYOD Policies – Part II

By:  Jacob Oslick

As we recently blogged about HERE, the National Labor Relations Board has taken a strong stand against what it considers overbroad social media policies.  Among other things, the NLRB contends that company social media policies risk chilling employees’ rights to discuss their wages or other “concerted protected activity.” 

The NLRB is not, however, the only concern
Continue Reading But Wait…There’s Even More To Worry About…Employee’s Use of Social Media (In and Out of The Workplace): Discrimination & Off-Duty Conduct Claims