Virginia Human Resources Today - Summer 2008 - (Page 14)

theft or another fraud to any resident of the Commonwealth, the individual or entity that owns or licenses the computerized data that includes the personal information must disclose the breach to the Ofﬁce of the Attorney General and any affected resident of the Commonwealth without unreasonable delay. The statute provides for the speciﬁc content of the notice. The law applies to entities that “own or license” or “maintain” computerized data that includes “personal information.” Personal information means the ﬁ rst name or ﬁ rst initial and last name in combination with and linked to any one or more of the following: (i) a social security number, (ii) drivers’ license number or state identiﬁcation card number, or (iii) ﬁ nancial account number, credit card or debit card in combination with any required security code, access code, or password that would permit access to a resident’s ﬁ nancial accounts. The law also allows citizens a private right of action to recover direct economic damages for a violation of the law. This law became effective July 1, 2008 and will be codiﬁed as Virginia Code §18.2-186.6. In preparation for the ﬁ nal FMLA regulations anticipated this fall, employers will want to be sure to have up-to-date job descriptions describing the essential functions of the position to hand out with the FMLA eligibility notices in order to take advantage of the anticipated new ﬁtness for duty requirements. The proposed regulations allow employers to require the return to work certiﬁcation to address an employee’s ability to perform the job’s essential functions. However, the list of essential functions must have been provided with the initial eligibility notice since providing it later may force the employee to make an extra visit to the healthcare provider or incur extra expense. Additionally, management training should begin regarding training managers to better identify when an extended illness requires/triggers FMLA notice requirements. The new regulations have new penalty provisions for failure to provide timely notice. While extended from a threeday window to ﬁve, that time frame may still be easily missed. Contact Maureen Knight at 571-522-6101. www.constangy.com Class Action Defense • Litigation Prevention • Labor Relations • Employee Beneﬁts OSHA • Wage Hour • Immigration • Aﬃrmative Action Legislative director Karen S. Elliott, of Gregory Kaplan PLC, can be reached at (804) 916-9071 or via e-mail at kelliott@gregkaplaw.com. 384368_Constangy.indd 1 14 Virginia Human Resources Today 6/10/08 2:56:40 PM Summer 2008

Table of Contents Feed for the Digital Edition of Virginia Human Resources Today - Summer 2008

Virginia Human Resources Today - Summer 2008 Contents 2008 State Council Officers and Directors President’s Message: Treasure Hunt Hire the Best, Keep the Best Legalislative Update: Legislative Roundup 2008 Conference and Expo Preview Virginia Universities Score Big at the Southerst Regional HR Games! Retention: A Strategic Approach The Top Ten Best Practices for Retention Employee Recognition and Retention Tactics for Winning the Talent War Your SHRM Southeast Regional Team Index to Advertisers Advertisers.com

Virginia Human Resources Today - Summer 2008

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