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Report Link How Often Should Employees Check E-Mail After Hours?Young Conaway Stargatt & Taylor, LLP - November 06, 2009 If you’re an associate at the law firm Quinn Emanuel, the answer is “very, very often.” Report Link Regulating Employee Email.Fisher & Phillips, LLP - August 04, 2009 Considering the widespread availability of computers and email to employees, it's hardly surprising that union organizers and pro-union employees now look to an employer's email system as a prime means of organizing. Here, in the context of an important new legal decision, we discuss options for lawful and effective management and control of your e-systems, including in particular your email systems. Report Link Employee Communications with Attorney through Personal E-mail Account from Work are Privileged.Jackson Lewis LLP - July 08, 2009 E-mail messages exchanged between an employee and her attorney through the employee’s personal e-mail account are protected by the attorney-client privilege, despite being sent through her employer’s computer and internet server, a New Jersey appeals court has ruled. Stengart v. Loving Care Agency, Inc. et al., No. A-3506-08T1 (June 26, 2009). Reversing the trial court, the Appellate Division of the Superior Court of New Jersey held that the company’s electronic communications policy did not transform the employee’s private e-mails with her attorney into the company’s property. Report Link Employer's Electronic Communications Policy Did Not Allow Company to Review Employee's E-mail Exchange with Her Attorney.Littler Mendelson, P.C. - July 08, 2009 In a case of potentially great significance to all employers with electronic communications policies, the New Jersey Appellate Division recently held in Stengart v. Loving Care Agency, Inc. (No. A-3506-08T1, June 26, 2009), that an employer was not entitled to read e-mails exchanged between an employee and her attorneys through her Yahoo! account, even though the emails were stored on the employee's company-issued laptop. The court relied principally on confusion over whether the employee had received the employer's computer use policy and on ambiguities in the policy. However, the court went on to hold that even if the policy had satisfied all of the court's concerns, the policy still would not have justified the employer's action. The court went even further to suggest that, in most circumstances, employers cannot rely upon an electronic resources policy to justify reviewing the content of employees' personal e-mail stored on the employer's electronic resources. Report Link E-Mail and Online Etiquette: What Employers and Employees Need to Know.Fredrikson & Byron, P.A. - August 27, 2008 Everyone has some awareness that e-mail is not a particularly safe mode of communication and that you should refrain from sending confidential information over an e-mail server. Most people also know that once you click “send,” you have created a permanent record of that correspondence. Report Link An Employer’s Right to Monitor E-Mail and Text Messages Remains Strong.Fredrikson & Byron, P.A. - July 02, 2008 Employers continue to have the right to access, monitor, and review an employee’s use of e-mail and text messages when that employee is using company-provided technology. Yet, recent publicity of a Ninth Circuit Court of Appeals’ decision has created a new buzz about the privacy rights of employees. This new decision, however, does not create an exception to the generally accepted rule: employees do not have an expectation of privacy in the communications that they send with company-provided technology. To the contrary, it outlines the importance of consistent and appropriate enforcement of electronic use policies. Report Link Employees Blogging.Fisher & Phillips, LLP - June 03, 2008 If it sometimes seems that everyone in the U.S. has a blog, there's a reason for it. Technorati, a website that covers the blogosphere, says it is tracking 112.8 million blogs currently, with 175,000 new blogs coming on line...each day. People blog about politics, entertainment, food and wine, and every intimate detail of their lives. They also blog about their employment – and their employers. Report Link Waiver of Privilege By Employees' Use of Company Email Systems To Communicate With Their Attorneys (pdf).Hughes Hubbard & Reed LLP - March 14, 2008 Employers now can use workplace policies governing the use of technology to defeat employees’
claims that email communications with their attorneys over the company’s computer systems are
privileged, according to a recent ruling by the New York County Supreme Court in Scott v. Beth
Israel Med. Ctr., Inc. In Scott, a hospital employee used his work email account to communicate with his personal attorneys. When he later sued Beth Israel for breach of contract, the hospital’s
attorneys found the communications on the hospital’s computer systems. The court denied the
employee’s motion for a protective order, and ruled that the employee waived the attorney-client
and work product privileges by using his work email account to communicate with his attorneys. Report Link Enjoining Damaging Web Posts by Former Employees Comes at a Steep Price.Littler Mendelson, P.C. - March 12, 2008 Our last blog entry discussed the First Amendment shield that covers current and former employees who use anonymous or pseudonymous Internet postings to trash their employers. Today’s cautionary tale highlights the practical challenges employers face in court even when a current or former employee posts confidential records on the Web in violation of confidentiality agreements and laws. Report Link Venting Online: How To Deal With Employee Blogs.Fisher & Phillips, LLP - November 02, 2007 Blogs (electronic internet diaries or postings) are booming. Employees are now using blogs to broadcast information and opinions worldwide. Inevitably, some of those employees will post negative, harassing, hostile, false, or confidential information and opinions about their employers and co-employees. Report Link Blogs: Why They Matter to Employers.Fredrikson & Byron, P.A. - August 23, 2007 One of the latest trends in electronic communication, “blogs” are fast, easy, inexpensive, and universally accessible. They’re also unregulated, though, and can subject an unwitting employer to liability. Report Link Six Steps to An Effective Blog Policy.Elarbee, Thompson, Sapp & Wilson, LLP. - June 20, 2007 Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a blogger on the Cherokee County, Georgia Planning Commission resigned her position after a firestorm of criticism about a posting in which she advocated dismantling Israel to achieve peace in the Middle East. Terminating an individual’s employment for inappropriate comments on a blog has even been coined as: “doocing,” named for an employee who was fired for comments on her blog at www.dooce.com. Report Link Employers May Be at Risk for Employees' Internet Usage (pdf).Vedder Price - May 02, 2007 An employee’s Internet usage, whether at home or
at work, has the potential to expose the employer to
legal claims, including sexual harassment, hostile work
environment and defamation. Report Link Managing Risks Associated with Employee Blogs (pdf).Vedder Price - February 02, 2007 A blog, short for “weblog,” is an online journal where
the author can share his or her thoughts and opinions
with the millions of people who surf the Internet each
day. To capitalize on the rapid rise in popularity of
blogs as a form of new media, many of the nation’s
leading companies have begun to publish offi cial
corporate blogs as a means to humanize the company,
reach customers and address critics in a personal and
informal way. Report Link Court Imposes Duty on Employers To Protect Third Parties From Employee Porn Surfing.Elarbee, Thompson, Sapp & Wilson, LLP. - April 17, 2006 In a remarkable decision, the Appellate Division of the Superior Court of New Jersey recently held that an employer having actual or implied knowledge "that one of its employees is using a workplace computer to access pornography, possibly child pornography, has a duty to investigate ... and to take prompt and effective action to stop the unauthorized activity, lest it result in harm to innocent third-parties." Doe v. XYC Corp. This decision, if adopted elsewhere, has broad implications for employers, potentially making them liable to non-employees for failing to closely and actively monitor the activities of their employees. Report Link Employers' Duty To Investigate Worker's Online Porn Viewing (pdf).Ogletree Deakins - February 21, 2006 In a decision that demonstrates the
potential liability facing employers
across the country, a state appellate
court in New Jersey recently ruled that
a company may be held liable for damages
suffered by a victim of child pornography
where it failed to investigate
reports that an employee was viewing
child pornography online while at
work. The court held that an “employer
who is on notice that one of its employees
is using a workplace computer
to access pornography . . . has a duty to
investigate the employee’s activities
and to take prompt and effective action
to stop the unauthorized activity.” Doe
v. XYC Corp., No. A-2909-04T2, Superior
Court of New Jersey, Appellate
Division (December 27, 2005). Report Link Can Workplace Policies Control Your Organization's Potential Risk from Employee Blogs?Jackson Lewis LLP - February 09, 2006 With the increasing prevalence of blogging – posting a diary or journal on the Internet by an individual, group, or entity – employers increasingly are concerned about what employees may be saying electronically that could be harmful to business interests or that may put the organization at risk of liability for harassment and other unlawful conduct. Blogs are accessed like websites, are available to anyone through the Internet, and often invite posts, or readers comments. Through electronic devices – yours and theirs – employees may post blogs about any topic or issue. What they ate for lunch, their political views, or a confidential business deal may instantly become the next discussion thread, a prospect that has employers worried about what bloggers may be saying and what can be done about it. Report Link Employee Web Logs Raise Privacy, Confidentiality Issues For Employers (pdf).Ogletree Deakins - August 11, 2005 Many employers have comprehensive
policies addressing e-mail, Internet
usage, confidentiality, trade secrets,
and solicitation. As the business world
has steadily transitioned into the digital
age, HR departments have kept pace
by crafting and revising these policies
to protect company resources from misuse.
However, an increasingly prevalent
source of risk for employers has
often escaped notice – the proliferation
of employee web logs, or “blogs.” Report Link Email Notice to Employees of Significant Policy Changes Is Not Sufficient, Says Federal Court.Jackson Lewis LLP - April 28, 2005 A recent decision of the U. S. District Court for the District of Massachusetts should give employers pause to consider what the effective means of communicating important information to employees are. Report Link You've Got Mail, A Pink Slip, And A Lawsuit (pdf).Jones Walker - March 16, 2005 Are you effectively keeping tabs on your electronic communications systems (email and internet)?
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December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
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December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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