Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Privacy & Confidentiality

Photo of Chris Edison
Apr 07 2022
Harassment & DiscriminationPrivacy & ConfidentialityWage and Hour  

WASHINGTON: 2022 legislature limits confidentiality agreements

On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is…

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Photo of Kara Craig
Oct 21 2021
COVID-19DisabilityPrivacy & Confidentiality  

Q&A: HIPAA doesn’t apply to employee information

Question: We implemented a mandatory COVID-19 (coronavirus) vaccine policy for all employees. Some employees are refusing to produce proof of vaccination status because they believe they have the right to refuse under the Health Insurance Portability and Accountability Act (HIPAA). We’re a private employer operating a manufacturing facility. Does HIPAA apply to…

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Photo of Karen Davis
Apr 15 2021
COVID-19DisabilityHiringPrivacy & Confidentiality  

CALIFORNIA: CCPA privacy notice expands to include vaccine records

We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for…

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Photo of Kara Craig
Dec 20 2018
Q&AHarassment & DiscriminationPrivacy & Confidentiality  

Q&A: Know how to handle the aftermath of a harassment investigation

Question: I just completed a harassment investigation. We verified that harassment occurred and terminated the harasser. Everyone seems to know what happened and tensions are high in our small office. What else can I do? 

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Photo of Kandis Sells
May 15 2018
Harassment & DiscriminationPrivacy & Confidentiality  

New Washington laws limit harassment nondisclosure agreements

Washington Governor Jay Inslee has signed two new laws intended to encourage public disclosure and discussion of sexual harassment in the workplace. Both of these laws take effect on June 7, 2018. #1: Substitute Senate Bill 6313 Substitute Senate Bill 6313 makes an employment agreement void and unenforceable if it requires an…

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Photo of Kandis Sells
Jan 16 2018
Q&APrivacy & Confidentiality  

Q&A: Knowing who is authorized to receive your legal documents can prevent lawsuits

Question: We just found out that a former employee was awarded a default judgment of $75,000 against our company, but we didn’t even hear about the lawsuit until just now. Is there a way to get the judgment reversed since we didn’t receive the legal documents?
 

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Photo of Jodi Slavik
Jul 18 2017
Q&APrivacy & Confidentiality  

Think twice before telling the truth about former employees

Q: We just got a call from a business that wants to check on a former employee. They faxed a release she signed waiving liability for information we share. Are we safe telling them the truth about what a bad employee she was?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHiringPrivacy & ConfidentialityTermination & Resignation  

Q&A: Use caution before telling the truth about former employee

Question: We just got a call from a business that wants to check on a former employee. They faxed a release the former employee signed waiving liability for information we share. Are we safe telling them what a bad employee she was?

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Photo of Sean Brown
Jul 12 2016
Privacy & Confidentiality  

Employer responses to EEOC and non-confidential attachments may be shared

Beginning on January 1, 2016, any employer response to a claim filed with the Equal Employment Opportunity Commission (EEOC) and any non-confidential attachments will be given upon request to the individual who brought the claim to the EEOC. This change is designed to “strengthen” the EEOC’s investigation and ensure consistency between all EEOC…

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Photo of Jodi Slavik
Mar 29 2016
Q&APrivacy & Confidentiality  

Are employers required to have gender neutral bathrooms?

Question: Does the law require employers to have unisex bathrooms even if we don’t have transgender employees?

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