Our Data Security Laws Update 9:07, April 27, 2017

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Category: legal update

We have written a lot about data security risks like password reuse, the value of data security training, employee negligence, and cybersecurity enforcement actions. Every so often, we write about data security legal updates. This post summarizes four posts that discussed data security laws, explains if they are still up to date, and supplies takeaways. […]

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Some company leaders consider creating an ethical culture a best practice, but not a critical priority. However, at least one court invoked a company’s culture as evidence in a lawsuit. Knowing what stoked the court’s ire shows the cost of allowing unethical actions to continue. The Case In New York, cigarettes sold on reservations to […]

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The “gig economy,” in which workers use primarily online intermediaries to connect with buyers on demand, looks like it’s here to stay. This trend dovetails with the perception that the 9 to 5 workday is a thing of the past, and may attract millennial workers who feel disengaged from the traditional office environment. But recent […]

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The Americans with Disabilities Act of 1990 (ADA) prohibits, among other things, discrimination by most employers against a qualified employee or applicant with a disability. When President George H. W. Bush signed the legislation, he acknowledged businesses’ concerns that the ADA might end up costing them money. But he reminded them of the importance of enabling people […]

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When it comes to protecting employees who report securities violations by their employers, US courts are divided over whether the term “whistleblower” applies only to people who make external reports to the US Securities and Exchange Commission (SEC) or whether “whistleblower” can also include someone who makes an internal report to the company. From the […]

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There are many stereotypes about older workers. They can be seen as more reliable and loyal than younger employees, and they can also be seen as harder-to-train and more expensive because of salaries and health care costs. When employers take an adverse action (such as termination or failure to promote) against an older employee, it […]

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In January 2017 the US Occupational Safety and Health Administration (OSHA) released guidance on recommended practices for anti-retaliation programs. The guidance is intended to help employers keep their workplaces free from retaliation, both generally and for the 22 whistleblower laws enforced by OSHA. OSHA notes that retaliation against employees who raise or report concerns is […]

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It was a true data security horror story. Hackers, according to a recent appeals court opinion in Pennsylvania, accessed and stole confidential information of 62,000 employees and former employees of the University of Pittsburgh Medical Center (UPMC). The information included names, birth dates, social security numbers, tax information, addresses, salaries, and bank information which employees […]

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Failure to devise and enforce sufficient internal accounting controls to require compliance with a company’s business code of conduct violates the Securities Exchange Act (Act), according to a recent order issued by the  Securities and Exchange Commission (SEC). The SEC imposed a $2.4 million fine against United Airlines’ parent company (United) for violating the Act’s […]

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The California Supreme Court has decided that under California law, employers may not require employees to remain on duty or on call during rest periods. Instead, employers must relieve employees of all duties and relinquish control over how employees spend their break time. In the case before the Court, ABM Security Services guards claimed that they […]

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