Daily Archives: August 6, 2015

Can There Be Confidentiality in the Age of Social Media?

Co-Authored By:  Scott Sweeney The proliferation of social media in the workplace has increased the risk of potential liabilities for companies. Specifically, there is a growing amount of litigation arising out of the use of confidential or proprietary information shared on social media websites. Employers have been facing, and will continue to face, a range ...
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Employers Hit with Background Check Lawsuits

Employees and job applicants are filing class action lawsuits against employers alleging that they are using invalid forms to obtain consent for background checks as part of their hiring process. The lawsuits allege violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”), which provides for statutory damages of up to $1,000 for ...
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Foreign Trip Travel Insurance and Evacuations

One of my clients recently requested foreign trip travel insurance to Kurdistan through a major insurance company. While discussing the proposal with the underwriter, I asked if Kurdistan was on a no-travel list.  Her response:  “Oh, it should be fine!” Somewhat perplexed by her reaction, I politely informed her that Kurdistan is a province in ...
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EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect with its rights and obligations under the Health Insurance Portability and Accountability Act (as amended by the Affordable Care Act). The EEOC finally ...
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Ebola and Terrorism Threaten African Tourism

African tourism was severely impacted by the global recession that started around 2008. In 2013 we started seeing signs of a recovery, with the number of tourists increasing by over 5%, or three million, over 2012. This increase created a positive anticipation that 2014 would be the year in which normality returned to the tourism ...
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Limiting Off-Duty Access To The Hotel

Many hospitality employers are surprised to learn that employees have a right under federal labor law to access the exterior, nonworking areas of the hotel property in their off-duty hours for union or other protected concerted activities. Hospitality employers are also surprised to learn that handbook rules prohibiting any off-duty employee access or conditioning off-duty ...
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