privacy laws Archives - Business RadioX ®

Likes, Loves, Tweets, and Pics: Social Media in the Workplace

January 2, 2024 by John Ray

Social Media in the Workplace, Jacqueline Voronov, Shylie Bannon, Hall Booth Smith

Hall Booth Smith Podcast Network

Likes, Loves, Tweets, and Pics: Social Media in the Workplace

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Likes, Loves, Tweets, and Pics: Social Media in the Workplace (Litigators Lounge, Episode 3)

On this episode of Litigators Lounge, hosts Jackie Voronov and Shylie Bannon discuss various challenges and considerations related to social media usage in the workplace. Jackie and Shylie draw attention to the significant ways in which online platforms have changed business communication and employee representation. From an HR perspective and a general risk perspective, they consider how businesses can create effective social media policies. The discussion also delves into issues such as privacy laws, employee rights, workplace discrimination, and labor and employment laws. Other legal complexities, like trade secret violations and how specific usage of social media can lead to legal consequences like evidence for court cases, are also explored.

Litigators Lounge is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.

Topics in this Episode

00:01 Introduction to Litigators Lounge

00:52 The Role of Social Media in the Workplace

02:03 Personal Experiences and Opinions on Social Media

03:15 Legal Consequences of Social Media Posts

05:47 The Impact of Social Media on Employment

22:56 The Risks of Social Media in Hiring Processes

27:40 The Importance of Social Media Policies in the Workplace

33:25 The Use of Disclaimers in Social Media

35:39 Conclusion and Sign Off

About Litigators Lounge

Jackie Voronov and Shylie Bannon, attorneys at Hall Booth Smith who specialize in labor and employment law, are the hosts of the engaging podcast Litigators Lounge. Listen as they delve into the intricate world of workplace legal issues as they explore real-life examples, unpack legal scenarios, and offer expert insights to help organizations and employees navigate the ever-changing legal landscape. With engaging discussions, diverse viewpoints from expert guests, and an ample touch of humor, Litigators Lounge is the go-to source for in-depth analysis and expert advice on law and the workplace.

Litigators Lounge is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.

Jackie Voronov, Partner, Hall Booth Smith

Jackie Voronov is a Partner in Hall Booth Smith’s office in Paramus, New Jersey, and she represents management in a wide variety of employment matters and litigates employment claims before administrative agencies and state and federal courts. Her clients include major hotels, retailers, shipping companies, assisted living facilities and nursing homes, manufacturers, and national fast-food franchisees.

Jackie’s litigation experience includes the defense of employers in single and multi-plaintiff actions on claims of wrongful discharge, sexual harassment, race, national origin, gender, disability and age discrimination, breach of contract, family medical leave, failure to accommodate, retaliation, wage/hour laws, and related tort claims. Jackie also works with her clients to prepare various employment agreements (including non-compete, confidentiality, independent contractor, and separation agreements). She has extensive experience before various administrative tribunals, including the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights (SDHR), the Division of Civil Rights (DCR), and other state, federal, and local agencies.

In addition, Jackie frequently conducts management training for employers on a wide variety of employment law topics, such as:

EEO/anti-harassment
employee recruiting and hiring practices
family and medical leave
reasonable accommodations for disabilities and religion
preventing and investigating harassment, discrimination, and whistleblower claims
wage and hour compliance
discipline and termination of employees
privacy in the workplace

Jackie is regularly invited to speak nationally on best practices and other employment-related issues. Before joining Hall Booth Smith, she worked for one of the country’s largest law firms, where she defended employers in a wide range of labor and employment matters, including wage and hour class actions under the Fair Labor Standards Act (FLSA), claims related to the New York State Human Rights Law (NSHRL), the New Jersey Law Against Discrimination (LAD), the Americans With Disabilities Act (ADA), the New Jersey Conscientious Employee Protection Act (CEPA), and Title VII.

Jackie was selected for inclusion as a New Jersey Rising Star by Super Lawyers® for six consecutive years (2010-2016), which honors the top 2.5% of young lawyers in New Jersey.

Shylie Bannon, Partner, Hall Booth Smith

Shylie Bannon is a Partner in Hall Booth Smith’s Jacksonville, Florida, office. She also serves as Hiring Partner for the region of Florida, where she oversees associate attorney hiring endeavors. Prior to joining Hall Booth Smith, Shylie was a partner in both a multi-state, multi-specialty firm and a boutique practice.

At Hall Booth Smith, Shylie continues to represent physicians, mid-level providers, and health care providers in high-exposure medical negligence claims and in administrative proceedings before the Florida Department of Health. She also represents national retailers in high-exposure premises liability, negligent security, and transportation litigation with our National Trial Counsel team.

In addition to litigating matters involving personal injury and negligence, Shylie also represents management in all aspects of employment-related litigation arising from allegations of sex, disability, race, and pregnancy discrimination; whistleblower actions; and alleged violations of the National Labor Relations Act and Fair Labor Standards. She does so in administrative proceedings before both the Florida Commission on Human Relations and the US Equal Employment Opportunity Commission, as well as in all of the state and federal courts in Florida. She also provides employment-related counsel to clients, helping them avoid employment-related litigation through the implementation of best employment, investigation, and risk management practices.

Shylie earned a Juris Doctor from the University of Florida Levin College of Law, cum laude, and graduated magna cum laude from Tulane University with a Bachelor of Arts in Political Science and History.

Shylie volunteers with the Guardian Ad Litem program and supports child welfare advocacy efforts in Northeast Florida. She is also a Member of the Board for the Jewish Federation & Foundation of Northeast Florida.

About Hall Booth Smith, P.C.

Established in 1989, Hall Booth Smith, P.C. (HBS) is a full-service law firm headquartered in Atlanta, Georgia, with regional offices strategically located throughout Georgia and the United States. Experienced across a wide range of legal disciplines, HBS prides itself on providing knowledgeable, proactive, client-specific counsel to individuals, domestic and international corporations, state and federal agencies, and nonprofit organizations.

HBS possesses the legal knowledge, skill, and experience to meet their clients’ needs wherever they do business. HBS maintains the highest commitment to ethically and professionally serve their clients by providing the highest quality legal representation.

They deliver quality legal services in a variety of service areas. Experience across legal disciplines combined with a focus on the unique business or personal requirements of the client is the hallmark of the firm. Their clients receive the attention, expertise, and cost-effectiveness of a smaller law firm with the full-service and strong regional presence typical of a larger one.

Company website | LinkedIn | Facebook | Instagram

Disclaimer

Litigators Lounge is a production brought to you by Hall Booth Smith, PC. This podcast is published for the purposes of providing general information and education on topics which include those related to the law and legal issues, but the contents of the podcast do not constitute legal advice. Listening to this podcast or utilizing the information contained in it in any way does not constitute nor does it create an attorney-client relationship between you and Hall Booth Smith or its lawyers. The contents of this podcast should not be used as a substitute for competent legal advice from a professional attorney licensed in your jurisdiction.

Employer Privacy Laws and What You Need to Know in 2023

January 27, 2023 by John Ray

Employer Privacy Laws What You Need to Know in 2023

Advisory Insights Podcast

Employer Privacy Laws and What You Need to Know in 2023

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Employer Privacy Laws and What You Need to Know in 2023 (Advisory Insights Podcast, Episode 28)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed how new employer privacy laws in New York and California are restricting the use of artificial intelligence and personal data. Stuart advises companies who are using this technology to hire a law firm with experience in this area to help them navigate the new laws and trends.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights Podcast. Stuart Oberman here, your host. Well, I want to talk about as we go quickly in 2023, we’ve got two states that are really on the forefront of a lot of issues. And I want to talk about our topic for today, employer privacy laws, what you need to know in 2023.

Stuart Oberman: [00:00:45] So, there’s been a big, big push on two ends of the world, New York and California. And we’re seeing a lot of activity between those two states. But I want to cover just a couple of things as employers and as employees.

Stuart Oberman: [00:00:59] So, as an employer, you have to know what’s going on in those two states, because, I always say, what starts west goes east, what starts up north goes south. So, I want to take a look at, really, what things are going on in those two states. So, we’ve seen a lot of activity of new legislation being enacted, which extends to employers with applicants or workers who reside in New York City or California. So, those are wide ranging areas.

Stuart Oberman: [00:01:36] So, example, the new laws in New York and California regulate the use of artificial intelligence. It has gotten to that yet. For once I think the law has sort of caught up to technology. And, also, they restrict the personal data that goes into effect January 1, 2023.

Stuart Oberman: [00:02:00] So, what does that mean? Artificial intelligence, that means you’ve got to be extremely careful – in plain English – what data you synthesize into your usage, and that includes personal data too. So, example, I want to go a little bit deeper into New York. So, in New York, Local Law 144 – again, I don’t want to get too deep, but I just want to mention this – regulates how companies can use automated employment decision tools.

Stuart Oberman: [00:02:35] Welcome to software, welcome to artificial intelligence, which, essentially, regulates bias audits on the basis of the data that is accumulated by the employer. Folks, that’s deep stuff. That is deep stuff. So then, you got to figure out, one, what data do you receive. Two, what’s personal data, how do you get it. Three, what do you consider artificial intelligence.

Stuart Oberman: [00:03:06] Again, I think the law stepped a little bit ahead of technology without really defining what that is. Because artificial intelligence from the employment standpoint is extremely, extremely new, if you will.

Stuart Oberman: [00:03:20] So, I want to jump into the California legislation. Again, you know, California has some complex laws that are very, very restrictive to California. But what we see is, if you take a look at California and New York, a lot of the laws that are implemented have a piece of that pie from New York or California.

Stuart Oberman: [00:03:44] So, I want to take a look at California’s Consumer Privacy Act of 2018 as it was and has been amended by the California Property Privacy Rights Act, which expands the data privacy laws to cover employees and applicants, also independent contractors and operations between businesses. Folks, let me repeat that. It expands into data privacy laws that cover employees, job applicants, independent contractors, and operations between businesses.

Stuart Oberman: [00:04:32] Now, there are a million things to look at, but, again, I want to keep it very, very simple. So, what we have is we have companies that are using this particular industry knowledge. But each employer has to figure out best practices, especially if you are a national company and you have workers in California, you have workers in New York.

Stuart Oberman: [00:05:01] How do you use the company information where you have data maps to figure out information? Or how do you use it to figure out what’s used, what’s shared? How do you figure out how to handle requests from someone in-house or third party regarding your data that you’ve accumulated? What are your fulfillment obligations and requests as far as human resources go, as far as legal departments go? What are your policies and procedures on that? Do you understand how much data you accumulate? What do you do with it? How do you distribute it? Again, and a question I have, does anyone really know what a bias audit is? How do you define what a bias audit is, which is the basis for these regulatory matters?

Stuart Oberman: [00:05:56] So, here’s what I would do. If you have this technology and you’re utilizing this technology – now, I’m not talking about going on to Google and loading information. This is very specific information – I would strongly recommend, strongly recommend, that companies hire a law firm with explicit, explicit experience in this area. Work together, what tools you’re using, what tools are identified, what data you’re accumulating, what data you’re giving out, what laws are taking effect, how they affect data users to privacy, and what’s the trend, you’ve got to be ahead of the trend.

Stuart Oberman: [00:06:39] So, if something starts in California and New York, you’ve got to be ahead of that. You’ve got to look at what’s coming, because, again, what starts west goes east, what starts north goes south. So, again, look at what you’re collecting. Make decisions on your automated employment practices. Folks, this is an ongoing area. Again, I think the law is a little bit ahead of the data on how to utilize this. So, that’ll just give us one more topic to talk about as we move into 2023 and beyond, I will assure you.

Stuart Oberman: [00:07:16] Folks, thanks for joining us. Advisory Insights, Stuart Oberman here. If you have any questions, please feel free to give us a call, 770-886-2400, or email, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, have a fantastic day and thanks for joining us.

Outro: [00:07:37] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.