Thursday, June 25, 2009

Employers Face Greater Liability for Workplace Identify Theft


It is estimated that more than 50% of all identity theft occurs in the workplace. Employers can be held liable for all types of identity theft that can be traced back to the mishandling of personally identifying information maintained on employees, applicants, clients and vendors. The FTC Red Flags Rules were established to ensure that information security is a priority for every business in America.

There are multiple types of ID theft; here are a few that can occur in the workplace:

1. Driver’s License – A thief can get a license in your name and represent them selves as you during a traffic stop. If you are later involved in a traffic stop and the thief has committed traffic violations or other crimes in your name, you could be arrested on the spot.

2. Social Security – Some one could get a job in your name, not pay taxes or receive your income tax refund. The IRS and the Social Security Administration rarely talk to one another.

3. Medical ID theft – This is the fastest growing type of ID theft. Criminals obtain you health insurance info or social security number and receive health care under your name. Your medical history could contain medical information belonging to another, resulting in life threatening mistakes.

Identity theft is the fastest growing crime in the U.S. and around the world. Above are only a few types of theft. What can you do?

Under the FTC Red Flags Rules you are required to:

Develop a written data protection plan.
Develop a notification plan in the event of a breach.
Appoint a privacy officer.
Provide training for employees who have access.
Consider offering identity theft protection as an employee benefit.


For FTC Red Flags Rules or employment law compliance assistance, please feel free to contact The Whitford Group for a free risk analysis. Find out what you should be doing to protect your company from unnecessary financial loss.

TheWhitfordGroup@aol.com www.TheWhitfordGroup.com

Friday, June 12, 2009

Sexual Orientation Discrimation

Sexual orientation discrimination—there's no federal law forbidding it, yet "any lawyer with a pulse" can get a claim to go forward in federal court.

If sexual orientation—and gender identity and gender expression—are not on the list of protected characteristics (race, color, religion, sex, national origin, disability, or age), how do such cases make it to trial? It's because claims say the discrimination was "because of sex".

Just because there is no federal law prohibiting a particular activity doesn't mean a company has no liability regarding the activities of their supervisors and employees.

Go to www.TheWhitfordGroup.com to request your free, no obligation risk analysis. Know where you stand on this and other major issues.

Friday, June 5, 2009

PRO-Union Legislation - What It Will Mean to You

Proposed legislation expected to become law. The Employee Free Choice Act would fundamentally alter the National Labor Relations Act in ways that will shift the current balance of power between unions and management significantly in favor of unions, resulting in greater numbers of successful union campaigns.

The Re-Empowerment of Skilled and Professional Employees and Construction Trades workers (RESPECT Act) is another pro union law expected to pass. The proposed bill would benefit unions and make organizing efforts easier. This law would expand the pool of potential members in each workplace by limiting an employer’s ability to classify certain positions as supervisory or management positions.

The Patriot Employers Act is a proposed law that is pro union. It provides tax incentives to U.S. based employers who create jobs in the United States rather than abroad. However, for an employer to qualify as a “Patriot Employer” they must remain “neutral” during a union organizing campaign and thus unable to campaign against the union. The employer must also pay 60% of the co-pay for its employees’ health care and other requirements. This Act will also impact additional salary, insurance and benefits criteria.

Public Safety Employer-Employee Cooperation Act of 2009 proposes to grant union organizing and collective bargaining rights to all “public safety officers” The Act includes law enforcement officers, firefighters, emergency medical personnel and other similar employees.

In the Southeastern U.S., we have very few unions. Expect to be targeted if any of this legislation is passed. If you need help with Union Avoidance training for your supervisors, please conatact me at
TheWhitfordGroup@aol.com or visit my website at http://www.thewhitfordgroup.com/ and request a free risk analyisis that will provide you with valuable information you need to know to help protect your company from unnecessary financial loss.