In general, law enforcement officials are allowed to request certain types of information from employers without a court order. However, there may be legal implications for a company that provides employee information without first checking state laws, as some state laws include provisions on the disclosure of employment-related information to third parties. In most cases, these laws require employees' written consent for disclosure of information, but not if the information is limited to verification of employment dates, title or position and salary, or if disclosure is required by court order.
It is recommended to designate an individual to receive and evaluate requests for employee information by law enforcement. This point of contact is usually the company's legal counsel. When law enforcement officials have a subpoena, the company will need to comply with the subpoena or have legal counsel apply to the court to vacate or modify the subpoena.
If there is no subpoena, but the request is for limited information such as employment dates or job title, employers should check internal company policy to determine how to proceed.
Employers may wish to add a disclaimer to their current policies alerting employees to the possible need to disclose confidential information if requested by the law enforcement.
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.