Privacy Rights

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    The Electronic Communications Privacy Act (ECPA) is a federal statute that controls electronic monitoring activities. The ECPA amended and updated Title III of the Omnibus Crime Control and Safe Streets Act of 1968, commonly known as the federal Wiretap Act. Initially, the Wiretap Act prohibited the intentional and unauthorized interception and...

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    BYOD (bring your own device — did I really need to define it?), while not my favorite "BYO" acronym, is probably just as widely known as its Prohibition-era predecessor, BYOB. Having gone from movement to mainstay, BYOD has become a way of life for most companies. But many companies don't realize that allowing employees to use their...
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    This was an interesting year for employment law issues in the Tennessee General Assembly. Despite early rumblings about amendments to last year's "guns in trunks" law that would've provided clarification about whether Tennessee employers may lawfully fire employees who violate broad "no weapons" policies, the only changes to that law at the end of...
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    Identity theft is a growing concern. Safeguarding employees' Social Security numbers (SSNs) is not only a good employment practice; it's mandated under Michigan law. Here's a brief overview of the requirements of the Michigan Social Security Number Privacy Act. Requirements of the Act The Michigan Social Security Number Privacy Act applies to...
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    Suppose an e-mail from your company's in-house attorney instructs you to preserve all documents related to an ex-employee who is threatening to sue the company for wrongful termination. In the days before smartphones and cloud storage, that would have been a relatively limited exercise: Paper documents would be set aside, and files on the company...
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    The U.S. District Court for the Southern District of Florida recently allowed a customer's claims of false imprisonment, infliction of emotional distress, and breach of fiduciary duty against Wells Fargo to go forward. The interesting aspect of this case is that the bank didn't commit any of the acts that resulted in the lawsuit. It's not what...
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    By now, employers in both the private and public sectors should be aware of the heightened litigation surrounding the administration of drug tests. Generally, drug testing is permissible under federal and state law. However, you must administer your drug- testing policies fairly and consistently and be careful to use the results in a...
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    Denise Taylor is the former head women's basketball coach at Jackson State University (JSU). She was one of the first coaches in the WNBA, coached at JSU for 10 seasons, and led the program to the Southwestern Athletic Conference championship in 2008. Nevertheless, she was terminated on June 28, 2011, in the middle of a three-year contract. JSU...
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    By now, employers in both the private and public sectors should be aware of the heightened litigation surrounding the administration of drug tests. Generally, drug testing is permissible under federal and state law. However, you must administer your drug- testing policies fairly and consistently and be careful to use the results in a...
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    Deciding which policies to include in an employee handbook is often an exercise in reverse engineering. Here's your homework assignment: Think about the times you wished you had a policy covering XYZ, and then think about what you would have wanted the policy to state. I'll start you off with one that most employers should consider: an employee...
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