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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 Regulating Employee Use of Company E-mail Systems Is OK According to the NLRB.Helms Mulliss & Wicker - January 29, 2008 In a case of first impression, the National Labor Relations Board (the "NLRB" or "Board") recently ruled in Guard Publishing Co. that employers can limit employee use of company e-mail systems for personal and other non-work related purposes without violating the National Labor Relations Act ("NLRA"). In the same decision, the Board also articulated a more relaxed standard for determining whether an employer's personnel policies, including those involving e-mail and use of company equipment, discriminate against employees in violation the NLRA. The Board's ruling is good news for employers who want to adopt a sensible e-mail policy that allows for limited personal e-mail while barring non-work related solicitations. 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 Legal Implications of Employee Blogs.Cooley Godward Kronish LLP. - May 11, 2007 Web logs, or “blogs,” have gained enormous popularity over the last few years. From traditional journalism to consumer marketing, few communications channels have escaped their impact. This is particularly the case in corporate America. Many companies have realized that company-sponsored blogs offer a means of communicating with customers in a more direct, personal manner. At the same time, employees are blogging about product strategies, financial prospects and corporate politics with or without their company’s knowledge and/or approval. 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 Scandalous Emails and Lessons Learned.Helms Mulliss & Wicker - July 28, 2006 This past week, the Director of the Mecklenburg County Park and Recreation Department in Charlotte, N.C. “retired” from his job after 22 years of employment, when it was learned that he used the email system at work to forward inappropriate emails to others. It was reported in the media that the emails contained sexually explicit content with some racial overtones. 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 Court Finds An Employer May Be Liable For Activities Of Porn Surfing Employee.Helms Mulliss & Wicker - January 27, 2006 In a recent decision, the appellate court for the state of New Jersey 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 take prompt and effective action to stop the unauthorized conduct. If an employer does not intervene, the Court reasoned, the employer may be liable to third parties who are damaged as a result of the employee’s conduct. 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 Don't Get Bogged Down With Workplace Blogs (pdf).Nexsen Pruet - July 11, 2005 Added to the Oxford English Dictionary in 2003, “blog” is “a frequently updated Web site consisting of personal observations, excerpts from other sources, etc., typically run by a single person and usually with hyperlinks to other sites; an online journal or diary.” A blog is similar to a website, and in some cases blog visitors do not even realize they are visiting a blog rather than a website. A blog usually contains web links to other blogs
and websites, news stories, and items that also appear on websites. The key difference between a blog and a website is that a blog allows the owner to post “diaries” through which visitors can read and interact. Thus, in practice, a blog can be similar to a chat room or message board, but focused on specific topics of the blog owner’s choosing. Report Link Employee Email: What You Write Can Hurt You!Helms Mulliss & Wicker - May 09, 2005 Last week, WorkCite focused on the trend of employee blogging and what to do about it. This week, we turn our attention to a form of electronic communication that has often become a bit too casual for many managers and other employees. 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)? Report Link More Than Just E-Mail: Managing the Workplace Without Walls.Thelen Reid & Priest LLP - February 28, 2003 Because the information superhighway has knocked down the physical walls that once reliably protected confidential, proprietary and trade secret information, employers doing business today need much more than a policy prohibiting scandalous e-mail - they need a comprehensive "information policy." Report Link My Kingdom for an Effective Internet Policy!LLRX.com - June 01, 2001 Article discusses how to create and implement usage policies for e-mail and the Internet that can protect employers and employees, and contribute to a more efficient workplace. Report Link When Employees Use the Internet, Beware Legal Issues.GigaLaw.com - April 01, 2001 Discusses legal and other issues that arise from workplace Internet use.
Report Link PRIVACY AT THE WORKPLACE IN THE AGE OF THE INTERNET [PDF Newsletter].Jenkens & Gilchrist, P.C. - December 01, 2000 General discussion regarding employee Internet use, employer efforts to monitor such use and the privacy issues that might arise. Report Link Company E-mail and Internet Policies.GigaLaw.com - January 01, 2000 Discusses issues regarding employee e-mail and internet use, including privacy, harassment and criminal concerns. Report Link Company E-mail and Internet Policies.GigaLaw.com - January 01, 2000 Discusses issues regarding employee e-mail and internet use, including privacy, harassment and criminal concerns.
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler |
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