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Although certain industries are known targets for cyber attacks – healthcare, financial, government – cyber attacks pose a threat to all sectors. Organizations in the entertainment industry have increasingly become targets of cybercrime. Over the past several years, a number of large entertainment companies have fallen victim to cybercriminals, resulting in the threatened and actual leaking of sensitive information including such things as internal emails, passwords, compensation information, and unreleased programming. Unlike a “traditional” cyber…
Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s request for a leave of absence. Under the FMLA, “clarify” means to understand the handwriting on the certification or the meaning of a healthcare provider’s response contained in the certification.  “Clarify” does not mean obtaining a better understanding of a vague, ambiguous,…
The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the reasons for an employee’s requested leave. Under the FMLA, an employer is permitted to obtain the following information in a medical certification: The name, contact information, and type of medical practice or specialization of the employee’s healthcare provider;…
Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance of regular communication and collaboration between employees in these departments with respect to issues of data security. Addressing such issues should not be tasked only to HR employees or IT departments but, rather, employees from both departments should work in collaboration toward creating…
Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise unpaid leave of absence. When dealing with these issues, it is important to consider some nuanced differences between various federal and California state laws.   The following are some guidelines for employers to keep in mind: Federal Family and…
Facing increasingly pervasive issues relating to privacy and data security companies are faced with what qualifications they should think about when looking to hire experts in these areas, and their role within the company is becoming increasingly vital. Moreover, unlike hiring for other positions it is common that a CEO lacks the knowledge and background to adequately assess whether such an individual has the right expertise, and later on how they are performing in the…
Thanks to a new state law enacted to protect minors from the modern follies of youth, minors in California can ring in the New Year by permanently deleting their regrettable online posts. This so-called “Online Eraser Law” – signed by Governor Jerry Brown on September 23, 2013 – will take effect on January 1, 2015. The “Online Eraser Law” provides protections to minors, defined as California residents under age 18, including affording minors…