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Report Link California's Supreme Court Requires Employers Nationally to Re-Examine Telephone Monitoring Policies and Practice.Littler Mendelson, P.C. - August 03, 2006 In a unanimous decision with national implications, the California Supreme Court ruled July 13, 2006, in Kearney v. Solomon Smith Barney, Inc. ("SSB"), that out-of-state businesses are prohibited from secretly monitoring or recording their telephone calls with California residents, even if that conduct takes place in any of the 38 states (and the District of Columbia) where only one party's consent is required to lawfully monitor or record a telephone call. The ruling, at a minimum, will require all employers whose employees communicate by telephone with any of California's 36 million residents to re-examine their policies and practices for monitoring and recording telephone calls. The decision most likely will have an even broader impact as the highest courts of the 11 other states which, like California, prohibit monitoring or recording telephone calls without the consent of all parties to the communication, are likely to follow California's lead when interpreting their own states' privacy laws. Report Link Court Finds Employer Has Duty to Third Party to Act on Knowledge that Employee Accessed Pornography at Work (pdf).Ford & Harrison LLP - March 07, 2006 A New Jersey appeals court has permitted
a plaintiff to proceed with her negligence
claims against her ex-husband’s employer
based on allegations that the employer knew her
ex-husband was accessing pornography at work
and had a duty to investigate and report this access
to the proper authorities. Report Link Prohibiting Porn in Your Workplace Is Not Enough: New Jersey Court of Appeals Imposes New Duties on Employers Who Engage in Electronic Monitoring.Littler Mendelson, P.C. - February 02, 2006 In a precedent-setting decision, the New Jersey Court of Appeals held on the eve of 2006 that employers have a duty to uncover and stop an employee's use of corporate electronic resources for child-porn activities once the employer knows, or should know, that an employee is accessing adult pornography. If followed in other jurisdictions, this case, Doe v. XYC Corp., No. A-2909-04T2 (N.J. Super. Ct. Dec. 27, 2005), could provide the basis for a whole new genre of employment litigation that seeks to hold employers responsible for the damages to victims of crimes committed by employees using corporate electronic resources. At a minimum, the case provides an important reminder that an employer who is put on notice that its employees are utilizing the company's electronic resources for nonbusiness purposes should take steps to ensure that the use does not include accessing pornography, or worse. Report Link Employee Monitoring: How Far Can Employers Go?Jackson Lewis LLP - February 04, 2005 E-mail, Instant Messaging, global positioning systems, telephone systems, and video cameras have given employers new ways to monitor the conduct and performance of their employees. If not done properly, however, new technology can lead to new sources of employer liability. Report Link Legal Issues Involved in Monitoring Employees' Internet and E-Mail Usage.GigaLaw.com - January 01, 2002 Many companies electronically monitor their employees' Internet and e-mail usage, but doing so can lead to lawsuits by employees who believe their privacy is being invaded. Report Link Legal Issues Involved in Monitoring Employees' Internet and E-Mail Usage.GigaLaw.com - January 01, 2002 Many companies electronically monitor their employees' Internet and e-mail usage, but doing so can lead to lawsuits by employees who believe their privacy is being invaded. Report Link Employee Monitoring, Investigations and Privacy Matters.Jackson Lewis LLP - November 21, 2001 Among the ways employers can retain more control over what happens at their workplaces is to monitor the actions of employees. However, there are many restrictions, both practical and legal, on what measures employers can lawfully take to monitor workplace behavior. Report Link Monitoring Employee E-Mail And Internet Use.Schulte Roth & Zabel LLP - December 01, 2000 Article discusses risks associated with employee e-mail and Internet use and drafting a lawful monnitoring policy. Report Link e-trends: more companies are monitoring e-mail.Fredrikson & Byron, P.A. - March 01, 2000 Brief discussion regarding the increase in employer electronic monitoring of employee e-mail (including some AMA statistics). Report Link MONITORING WORKPLACE ELECTRONIC COMMUNICATIONS. Crosby, Heafey, Roach & May - June 01, 1999 Discussion of the increasing trend in employer monitoring of employee electronic communications and the risks associated with such surveillance. Click Here For Article Report Link Fact Sheet #7: Employee Monitoring: Is There Privacy in the Workplace? Privacy Rights Clearinghouse - August 01, 1997 General discussion of employer techniques of monitoring employees, including telephone and computer monitoring. Report Link Can We Tape?Employment Law Information Network - (No Date) Reference site for information on tape recording phone calls.
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August 14, 2008 Baker DonelsonThe New Formula for Success: E³ = MC (Employees*Economy*Energy = Managing Costs)Online
August 14, 2008 Littler |
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