Common law and state and federal statute define employees’ privacy rights in the workplace, employers’ duties to protect employee data, and limits on employers’ monitoring of employees’ real-world and online activities, interception of communications, and accessing social media posts. How far can an employer go in an effort to protect its security and ensure that employees’ work is getting done? Protecting employee data has become more challenging in this era of cyber breaches and data incidents. Personnel files, medical files, tax info, credit reports, criminal history and any records of Employer-Employee Assistance Programs must be protected from inappropriate disclosure, both internally and externally. Are you aware of your obligations as an employer, and prepared to manage the risks of maintaining such files? 

This session will review the issues and rights under a number of state and federal laws, to provide not only guidance for appropriate employment practices, but also an assessment of the risks and management options.

Learning Objectives:

• Statutory protections for employee privacy, employee data, and use of technology
• Risk management strategies for employment practice risks
• Recent caselaw to help define the line between enforceable employment practices and invasion of privacy