Employer Confidentiality Agreements That Go Too Far

Many employers require employees to sign a Confidentiality Agreement regarding certain data and information that the employee will have access to in the course and scope of their employment. There are certain types of employer data that must be maintained as confidential such as:

  • Client identification or personal health information under the federal Health Insurance Portability and Accountability Act (HIPAA)
  • Personally identifiable information (PII), such as donor names and credit card numbers or employee addresses and social security numbers under privacy and state confidentiality laws.

Additionally, general business information that an employer needs to keep confidential for business reasons to maintain a competitive advantage such as business plans, financial resources, funding sources or customer lists falls within the definition of trade secrets and can be maintained as confidential. Protecting this data is simple, right? You just have employees sign a broad confidentiality agreement, and that’s that! Continue reading “Employer Confidentiality Agreements That Go Too Far”

The Liability Coverage Every Business Needs

There are insurance coverages that all businesses need, some that all business should consider, and some that you need only if you have special risk exposures.

 

Need to Have

Home-based business insurance. The standard homeowners insurance policy excludes liability arising from “business pursuits.” If you have a home-based business, you can buy a rider to add business liability coverage to your homeowners policy, but coverage is limited. With the possible exception of daycare operators, most successful business people will need one or more policies designed especially for businesses.  Continue reading “The Liability Coverage Every Business Needs”

Transgender Employees: The Latest Discrimination Frontier

With the rights of same-sex couples to marry protected by federal law, transgender rights have become the latest frontier in nondiscrimination law. What laws pertain to transgender employees in the workplace, and what happens to employers that violate them?

The Transgender Law Center estimates that between 2 and 5 percent of the population is transgender, although little verifiable data exist. Title VII of the Civil Rights Act of 1964, Continue reading “Transgender Employees: The Latest Discrimination Frontier”

What to Do in a Policy Review

Scheduling regular policy reviews can ensure your business has the coverage it needs, when you need it. If you haven’t reviewed your coverage lately, the beginning of the year is a great time to take care of this important housekeeping matter.

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What to Do in Your Annual Insurance Policy Review

Scheduling regular policy reviews can ensure your business has the coverage it needs, when you need it. If you haven’t reviewed your coverage lately, the beginning of the year is a great time to take care of this important housekeeping matter. Continue reading “What to Do in Your Annual Insurance Policy Review”

How to Avoid (and Costly) Immigration Mistakes

When it comes to complying with provisions of the Immigration Reform and Control Act (IRCA), you may find yourself forced into two roles seemingly at odds with each other — verifying the employment of every employee while at the same time avoiding discriminatory practices. To help you walk the tightrope, here are nine common IRCA mistakes and solutions to help you avoid them: Continue reading “How to Avoid (and Costly) Immigration Mistakes”

Alternative Dispute Resolution and Your Legal Rights

How many times have you signed a contract that requires mediation or mandatory arbitration of disputes? Do you know what you’re signing?

 

In alternative dispute resolution (ADR), a neutral third party helps parties to a dispute reach a resolution outside of the court system. The most common types of ADR are mediation, arbitration and mini-trials. Continue reading “Alternative Dispute Resolution and Your Legal Rights”

Employee or Independent Contractor…and Why You Need to Know

Earlier this year, a court ruled that Federal Express drivers should have been classified as employees, when the company had classified them as independent contractors. And the U.S. Department of Labor announced that a five-year investigation in Utah and Arizona yielded $700,000 in back wages, damages, penalties and other guarantees for more than 1,000 construction industry workers.

Continue reading “Employee or Independent Contractor…and Why You Need to Know”

Will Medical Marijuana Send Your Employment Policies up in Smoke?

Twenty-two states and the District of Columbia now allow the medical use of marijuana. Colorado, Oregon and Washington have also legalized its recreational use and possession. How will this affect your employment policies?

Continue reading “Will Medical Marijuana Send Your Employment Policies up in Smoke?”

Intern-al Affairs

With the jobless rate for people ages 20 to 24 still higher than 10 percent, many college students might be willing to trade their time for an unpaid learning experience. But there is a legal difference between an employee and an intern. Knowing the difference can help you avoid breaking the law. Continue reading “Intern-al Affairs”