Generally, workers are entitled under the federal Fair Labor Standards Act to be paid for “work time”. Workers do not receive pay or overtime for non-work activities before or after their shift. On December 9, 2014, the Supreme Court issued a new employer-friendly decision regarding whether certain pre- and post-shift work is compensable time. In Integrity Staffing Solutions, Inc. v. Busk,  the employer provided warehouse staffing to Amazon.com throughout the United States. The employees were paid hourly and worked in warehouses retrieving products from shelves and packaging the products for delivery to Amazon customers. Integrity Staffing Solutions required all employees to undergo security screening before leaving the warehouse at the end of each day to prevent theft. The employees alleged that the screenings could take as long as 25 minutes each day, and filed a putative class action seeking overtime pay for all similarly situated employees for the time spent…       Read More

Cybersecurity, Data Breaches Part of State of the Union NBC4 Washington Obama delivers the 2014 State of the Union address. Cybersecurity concerns are expected to be part of tonight’s speech. (Photo by Chip… New privacy concerns over health care website The Detroit News “Vendor management can often be the weakest link in your privacy and … But they may be able to correlate the fact that your computer accessed the… Hackers for hire: Freelance cyber-spies at your service CBS News It’s like Angie’s List, but for hackers. Hackerslist.com is a marketplace that hooks up hackers with jobs, and non-hackers with experts to do their dirty … States tightening data security laws Healthcare Drive Healthcare organizations not only must heed federal data security laws; they also have state laws to keep in mind, and a growing trend has states … After Initially Holding Out, Google Signs Student-Data-Privacy Pledge Education Week News…       Read More

Defending a surety in a construction defect suit can seem like uncharted territory for some. We will be posting several topic overviews on defending a surety in the following months to help answer any surety-related questions you may have. What is the purpose of a performance bond? What distinguishes it from a standard CGL policy? A performance bond guarantees the work. Specifically, the bond guarantees the work “will be performed according to the specifications of the contract by providing a surety to stand in the place of the contractor should the contractor be unable to perform as required under the contract.” L-J, Inc. v. Bituminous Fire & Marine Ins. Co., 366 S.C. 117, 124 (S.C. 2005). Owners and developers may purchase a performance bond in order to minimize their exposure to catastrophic financial outcomes if their general contractor fails to perform. By obtaining a performance bond, the surety promises to…       Read More

Obama calls for data breach notification law, privacy bill of rights Computerworld President Barack Obama will push Congress to pass a law requiring companies that are victims of data breaches to notify affected consumers within Obama to propose legislation to protect firms that share cyberthreat data Washington Post The provision’s goal is to “enshrine in law liability protection for the private sector … Those include the National Security Agency, the Pentagon’s Cyber… Park ‘N Fly Notifies Customers of Data Security Compromise PR Newswire (press release) ATLANTA, Jan. 13, 2015 /PRNewswire/ — Park ‘N Fly (“PNF”) has become aware of a security compromise involving payment card data processed … U.S. Military’s CentCom Twitter Account Hacked With Jihadist Messages Bloomberg Computer hacking of unclassified government networks has been increasing. The FBI opened investigations in November into hacking attacks on the … Human Error Caused 93% of Data Breaches The National Law Review…       Read More

John E. Parkerson, Jr. was featured in Global Atlanta. He wrote a book review. See the review below. George W. Bush, “41:  A Portrait of My Father” My son, Justin, gave me the new book by George W. Bush for my birthday a few weeks ago.  It was a gift that touched me, as I believe that my son related to what early reviews regarded as an intimate portrait of a father by an admiring son.  I just completed the book as my bedtime reading; and I am struck by George W. Bush’s devotion and love for his father, George Herbert Walker Bush – our 41st President of the United States. As our 41st President nears the end of his remarkable life with increasingly fragile health, I also am struck by his son’s apparent need also to define his own presidency by many of the lessons that he learned from…       Read More

Health System’s Good Deed Leads To Data Breach Health IT Outcomes (press release) According to Duval, rules regarding CDs and their disposal have been tightened to prevent any future breaches. “Large data breaches are happening … The Biggest Security Threats We’ll Face in 2015 Wired In the past, when we’ve talked about threat predictions, we’ve focused either on the criminal hackers out to steal credit card data and banking … In-house hacker behind Morgan Stanley data breach New York Post Galen Marsh, of Hoboken, NJ, managed to post data on 900 of the clients … any of the clients lost money in the breach by the alleged rogue adviser. Sharyl Attkisson sues administration over computer hacking Fox News Former CBS News correspondent Sharyl Attkisson has sued the Justice Department over the hacking of her computers, officially accusing the Obama … FBI trolling to hire ‘cyber special agents’ with ‘ethical hacking’…       Read More