California Employment Law

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California Employment Law
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I am ready to pose a question. I am wondering if I should request someone specifically from California. This question has to do with a labor union in California and the FBI.
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Answered in 1 hour by:
4/4/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
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I am from California and can answer your question for you.

Please let me know what your question is?
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Customer reply replied 4 years ago

I submitted the question. For some reason I don't see it here.

Customer reply replied 4 years ago

I sent a question in. Case ID# XXXXX For some reason I don't see it here. Please let me know if you received it or can get it.

No, I have not received it. Nor do I have any way of accessing the question by the Case ID number. Could you please copy and paste it and resend it?

Thank you!
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Customer reply replied 4 years ago

I am an IT contractor for a Local Labor union in Los Angeles California. The union is under Federal Investigation by the Department of Labor. The investigator would like me to send her a name and address list of all members relating to a recent election. The investigator would not provide me with and documentation that she is an FBI employee or that she is conducting an investigation of any kind. She made this request over one phone call. The labor union has given me verbal authorization to release the files to her. I asked her for a confidentiality agreement. She refused. She says she is going to issue me a subpoena to obtain the information. What should I do to protect myself in letting out this information? I believe this information is governed under the HIPI laws.


 


Thanks,


 


Gary

Hello Gary,

Actually, you would not be violating any HIPPA laws if you were to submit this information to the FBI investigator absent a confidentiality agreement, although you are within your rights to require the investigator to get a subpoena before releasing any information.

You are also within your rights to request verification of her credentials and title to ensure that you would not wrongfully be releasing this information to someone potentially posing as an FBI agent (although that is probably an unlikely scenario, since the union is under investigation by the FBI).

HIPPA laws only provide protection for employees for medical records (not other confidential information) and I doubt that the union has such information. Even if they do, only hosptials and health care providers are covered entities under HIPPA regulations, so it is actually impossible for you to violate HIPPA law since as an IT contractor for the union, you are not a covered entity.

Despite what I've mentioned above, if you are at all still concerned, you should be able to alleviate any worries by getting the union to sign a 'release of liability' agreement, having them take all responsibility (and indemnify you from any legal action) that may result in the release of the names and address list of members.

(Although as I mentioned above, since this is not medical information and you are not a HIPPA covered entity, you would not be violating any privacy laws by providing the investigator with this information without a subpoena).

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
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Joseph and 87 other California Employment Law Specialists are ready to help you
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