Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

October 10, 2006 — Volume 8, Number 13

AHI's Believe It Or Not
Everyone has heard about how dangerous cell phones can be if used while driving. But how about when walking? A construction worker was strolling around a site where scaffolding was being disassembled. Engrossed in a cell phone conversation and oblivious to workers waving their arms and shouting at him, the walker/talker was hit on the foot by a falling piece of lumber. His subsequent lawsuit for workplace negligence went nowhere, as the appeals court that eventually put the final nail in the case equated walking in a construction area while talking on a cell phone with "strolling on a battlefield wearing horse blinders and earplugs." In fact, the court ordered the lawsuiter to pay court costs.

IN THIS ISSUE:

1. Feature Story: Maintaining The Integrity Of Personal Information

2. Can Managers And Employees Be Friends?

3. HR Soapbox: Business Surveys: For Amusement Purposes Only




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1. FEATURE STORY:
MAINTAINING THE INTEGRITY OF PERSONAL INFORMATION

Workplace identity theft doesn't discriminate. It's just as prevalent in public and government workplaces as it is in private ones.

Consider, for example, the cyber-attacks and computer thefts at four U.S. Energy Department offices that placed in peril the personal information of at least 5,500 employees. Poor computer passwords and a lack of reporting cyber-security incidents were blamed. In New Jersey's state department of labor, a mail-stuffing machine was the culprit in the improper disclosure of the names, addresses, and Social Security numbers of approximately 500 individuals.

With the implications of identity theft so high in today's workplace, regardless of size, industry, or sector, record-keeping privacy standards are of the utmost importance. That's why it never hurts to review the basics.

  • Lock all file cabinets containing records with personal information at all times. Don't leave the cabinet open for even just 10 minutes. And never leave a file unattended on your desk, even if you close your office door.

  • Encrypt electronic data with several layers of protection, including code-level protection, passwords, and access authorization. Insist employees create complex passwords (i.e., use upper- and lower-case letters, numbers, and one or more special characters) and routinely change these passwords. Stress that change means creating an entirely new password, not just altering a single character.

  • Consult with IT. Ask them to install password-activated screen-saver programs and to establish a virtual private network, which allows employees to access the system from home as securely as they would at their desk. That way, sensitive records themselves don't leave the workplace.

  • Require employees to input a code to use copier machines. Also, if they're making copies that contain personal employee data, require them to black out any non-essential data.

  • If confidential records must be faxed, insist employees take precautions, such as always including a fax cover sheet and calling the recipient before and after sending the fax.

When it comes to personnel files themselves, run through the following audit.

  • How many file folders do we need to maintain for each employee?

  • What types of records go into each folder?

  • Who has access to the personnel files? Who can make copies?

  • Which documents should not be kept in personnel files?

  • Should supervisors keep their own employee files? Should supervisors keep files on their employees separate from HR?

  • What needs to go to HR as duplicates?

LEGAL & PRACTICAL RECORD-KEEPING STRATEGIES:
How To Protect Your Organization
From Fines, Penalties & Identity Theft


Live, Interactive Audio Conference
Tuesday, October 24, 2006
1:00 PM Eastern Time

Rebecca Mazin

REGISTER TODAY!
Only $179 per listening location

This audio conference will answer tricky questions like:

What steps should you be taking to protect your organization from potential legal liability due to identity theft?

What are the requirements of the I-9 electronic storage and signature law?

How does the FACT Act affect your record-keeping procedures?

What information should/should not be kept in a personnel file — what information needs to be discarded or destroyed?

Are all individuals who submit résumés via the Internet considered applicants for record-keeping and reporting purposes?

Which aspects of the various federal laws can cause the most legal trouble?

Register now for this informative event by visiting our website. If you prefer to register by phone, please call 800-879-2441 and reference conference code: G08053.

2.

CAN MANAGERS AND EMPLOYEES BE FRIENDS?

Workplace friendships can be both an asset and a liability — especially when a manager befriends a subordinate. On the one hand, having friends at work makes your job more enjoyable. On the other hand, being friends with an employee can create...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, "Controlling Absenteeism," which arms you with the information you need to combat absenteeism and tardiness in your workplace. You get techniques on how to improve attendance through motivation, strategies for disciplining employees with chronic attendance problems, tactics for tackling tardiness, plus a rundown of how issues surrounding absenteeism are interpreted under the Americans with Disabilities Act and the Family and Medical Leave Act.

3.
HR SOAPBOX: BUSINESS SURVEYS: FOR AMUSEMENT PURPOSES ONLY

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Business Surveys: For Amusement Purposes Only," in which an editor questions the usefulness of today's workplace-related surveys.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2006 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how almost 800 organizations responded to over 25 key paid time off questions.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes seven stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Improving Workplace Discipline Practices; Preventing Sexual Harassment (Supervisor and Employee Editions); Avoiding Workplace Retaliation Lawsuits; and Preventing Workplace Discrimination.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record- Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2006 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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