Tennessee’s wage and hour statute requires that any employee scheduled to work six consecutive hours must be provided with a thirty (30) minute unpaid meal break (unless the nature of the business provides “ample opportunity [for employees] to take an appropriate meal break.”). The break cannot be scheduled during or before the first hour of the scheduled work shift of each employee. Tenn. Code Ann. §50-2-103(h).  This provision has now been amended to allow a waiver of the meal or rest break requirement by tipped employees. The amendment became effective on May 13, 2012. First, the employer has the discretion to offer such a waiver by the employee. Second, the employee must be “principally employed in the service of food or beverages to customers.”  Third, the employee must receive tips and report the tips to the employer. For example this would not extend the opportunity for waiver to staff who…       Read More

New Jersey Mayor Hacked Opponents’ Web Site, US Charges New York Times By: Kate Zernike On Thursday, federal prosecutors said they had uncovered the culprit behind the hacking: the mayor himself. Mayor Roque, 55, who was elected last year, and his 22-year-old son, Joseph, were charged with gaining unauthorized access to computers. Hospital Agrees to Pay $750000 Over Data Breach Allegations SC Magazine By: Marcos Colon According to a statement released by the Massachusetts Attorney General’s (AG) office, a consent judgment approved in Suffolk Superior Court involving South Shore Hospital includes a $250,000 civil penalty and a payment of $225,000 to be used by the AG’s office to create awareness concerning data security and sensitive information. Cyber Attack Exposes Personal Data of Federal Employees Fox Business “An extensive forensic analysis of the data also shows no indication that the TSP network, which supports TSP’s 4.5 million participants, was subjected to…       Read More

A bank sales manager who alleged she was fired because of her marriage to an undocumented immigrant from Mexico lacks a national origin discrimination claim  under Title VII of the Civil Rights Act of 1964, according to the U.S. Court of Appeals for the Seventh Circuit decision on May 21, 2012, in Cortezano v. Salin Bank &Trust Co. In 1997 Javier unlawfully entered the U.S.; he married in 2001. In 2007 the bank hired his wife. The husband, attempting to start a business, could not open a bank account without a social security number. He obtained an individual tax identification number. His wife named him as the  joint owner on her account and helped use his ITIN to open accounts of his own. The business failed. When the husband returned to Mexicoto deal with his citizenship, the wife revealed the situation to her supervisor, requesting time off to help her…       Read More

Iranian ‘Cyber Warriors Team’ Takes Credit for NASA Hack msnbc.com  By: Matt LiebowitzA group of Iranian student hackers known as the Cyber Warriors Team claims to have stolen the personal information of thousands of NASA researchers. The Cyber Warriors Team boasted in a May 16 Pastebin post that it exploited a secure sockets layer (or …Hospitals Must Safeguard Patient Data U.S. News & World Report  By: M. Eric Johnson Our research has found that data hemorrhages are often fueled by such work-arounds for poor software or when security “solutions” get in the way. From bed boards to financial systems, frustrated users circumvent security or move sensitive data into … Action Line: Children’s Online Privacy Protection Act at Issue in Suit Against Gaming Site Tulsa World In the settlement, it will pay a $250000 civil penalty and agrees to “make no future deceptive claims regarding privacy and data security,” and will…       Read More

The Georgia Environmental Finance Authority (GEFA) recently published the list of the 13 local governments and one commission requesting funds from the Governor’s Water Supply Program.  The list of new reservoir projects requesting funding in the form of GEFA loans for the planning stage includes: Barrow County Water & Sewerage Authority proposed new water supply, Etowah Water and Sewer Authority’s  Shoal Creek Reservoir a/k/a Dawson Forest, Paulding County’s Richland Creek Reservoir, City of Cornelia, City of Auburn’s proposed new water supply, and Haralson County Water Authority’s Beach Creek Reservoir. These six projects requested $18,297,089 in GEFA loans to fund planning and permitting of new water supply sources or to expand existing water supply sources.  $5,800,000 has already been awarded to Paulding County and Haralson County Water Authority. There are three reservoirs in the Section 404 permitting phase that have requested both GEFA loans to fund continuing permitting activities, and Direct State Investment funds as…       Read More

Every summer, many employers take on “interns” and ask whether the intern must be paid.  Interns, trainees and students are employees and must be paid minimum wage and overtime according to the requirements of the federal Fair Labor Standards Act unless all of the following apply:         1.   The training, even though it includes actual operation of the facilities of an employer, is similar to training that would be given in an educational environment. 2.   The training is primarily for the benefit of the intern, student or trainees. 3.   The interns, students or trainees do not displace regular employees, but work under their close observation. 4.   The employer that provides the training derives no immediate advantage from the activities of the students/interns and on occasion the employer’s operations may actually be impeded. 5.   The students or trainees are not necessarily entitled to a job at the…       Read More

FTC Steps in as Obama’s Chief Enforcer On Internet Privacy The Hill  By: Brendan Sasso The agency also settled charges with Twitter in 2010 that the company had inadequate data protection standards. Those cases all fell under the FTC’s jurisdiction over “unfair or deceptive” trade practices. The FTC imposed similar settlements on Google, … Facebook Updates Data Use Policy To Give More Info msnbc By: Barbara Ortutay Facebook’s data use policy changes are in response to an audit by Irish data-protection authorities last year, Facebook said Friday. The commission had asked Facebook to be more transparent about how it collects people’s data and uses it for … EU Cyber-Security Legislation on The Horizon EUobserver By: Nikolaj Nielsen An estimated 1 million viruses are introduced into circulation every year, while cyber-crime income – some €388 billion a year – far outweighs the risk of getting caught. Among some innovations in member…       Read More

The Sixth Circuit Court of Appeals [covering Tennessee, Kentucky, Ohio, Michigan] upheld the employer’s termination of an employee out on FMLA leave who was seen by several other employees at Cincinnati’s Octoberfest celebration. The employee was fired for medical fraud under a paid leave policy while also on FMLA leave. Seeger v. Cincinnati Bell Tel. Co. The employee was out for a herniated disc and his doctor had opined that he was unable to perform even light duty work. The employee, however, was seen walking ten blocks to the Octoberfest and drinking beer while standing around. H.R. investigated and on appeal was attacked as having performed an inadequate investigation. The Sixth Circuit found that, although the close proximity in time between the FMLA leave and termination was sufficient to establish a prima facia case of retaliation; the Company had articulated a legitimate business reason for the termination and there was…       Read More

London Olympic Games at Risk of Cyber-Attack, Claims MaudeThe Guardian Cabinet Office minister Francis Maude has warned that the London Olympics will not be immune to cyber-attack, reports The Register. According to the minister, a specialist team has been set up, dedicated to guarding the Games against attack. Cyber-Attack Shuts UK Crime Body’s WebsiteReuters Hackers attacked the website of Britain’s Serious Organized Crime Agency (SOCA), a spokesman said on Thursday, the latest in a wave of assaults against high profile targets like NASA, the Vatican and multi-national companies. Why the Government Can’t Remain the Cybersecurity CzarBrookings Institution The concerns with CISPA relate to how it handles the flow of “cyber threat information” in the other direction, from companies to the government. The legislation contains a blanket exemption from liability as long as company decisions regarding what to … 3 Major Data Security Mistakes to Avoid Becker’s Hospital ReviewBy: Kathleen Roney Healthcare…       Read More

As Violence Continues Unchecked in Syria, So Does Cyber Warfare Los Angeles Times The Internet has become another battleground in Syria, with rebels and government loyalists hacking into websites to undercut one another with online propaganda and misinformation. Backers of President Bashar Assad have formed the Syrian Electronic … Hacking The Hackers: A Counter-Intelligence Operation Against Digital Gangs Forbes One of our security lab team members is an ex-cyberspook who spent his career in the military doing hacking, crypto, and a lot of special computer ops for different government agencies. Having the highest security clearance gave him access to a wide … Bill Bans Bosses For Wresting Your Facebook Password RT If signed into a law, the Social Networking Online Protection Act would have violators fined $10000 in a civil penalty. A Senate bill following the same lines is currently in the writing. While federal legislators are just considering a…       Read More