Privacy laws have grown to become a significant concern for employers. Laws such as the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA) all may govern what information an employer can disclose from current or former employee personnel records. Many states have privacy laws dealing with surveillance equipment in the workplace. Further, recent decisions regarding what information employers can request about an applicant or employee’s social media accounts continue to develop.
McMahon Berger routinely advises clients on matters involving the privacy of employee information and records compliant with HIPAA, ADA, and FMLA regulations. Our attorneys provide guidance to clients on a range of issues: from permissible inquiries during the hiring process to employer obligations after the employee separates.
McMahon Berger’s attorneys provide trainings and seminars to individual clients and employment organizations alike on employee privacy issues. Our attorneys bring their years of experience representing exclusively employers to assist clients to develop sound employment practices when handling potentially private information.
Our experience with defending all employment-related claims extends to representing employers against allegations of privacy violations. McMahon Berger provides careful initial analysis and evaluation, as well as full representation through all stages of negotiation or trial of privacy-related employment claims.