Week in Review - February 21, 2014

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R u liable 4 your employee's txt msg?  In some situations, the answer may be “yes.” Two courts reviewed employee texting issues this week. The first court reviewed whether an employer can be liable for an employee's unauthorized disclosure of confidential health information via text message.  The second court addressed whether a text message to a supervisor can qualify as a request for leave under the Family Medical Leave Act. These cases and the other articles linked below provide valuable insights for employers in determining best practices related to workplace technology.

Technology and the Workplace
Employee's Unauthorized Texting of Confidential Health Information May Impose Employer Liability (Workplace Privacy Report)
What Do You Mean My Text Message To My Supervisor Doesn't Qualify as an FMLA Request? (Employment Law Lookout)
Delaware Supreme Court Rules On Admissibility Of Facebook Evidence (Delaware Employment Law Blog)
Florida bill to ban employer demands for social media passwords is amended to allow limited access (ABA Journal)
Is there such a thing as online picket lines? Not according to the NLRB (Ohio Employer Law Blog)
These 6 Technologies Will Make or Break Every Information-Intensive Company -- Including Yours (Forbes)

Technology and the Law
Scrutiny in California for Software in Schools (NY Times)
Oklahoma Makes Its Digital Decisions The Official Versions (3 Geeks & a Law Blog)
Cops need a warrant to track cellphone location data, a second state high court says (ABA Journal)
Federal Judge Shuts Down Aereo Service In Salt Lake City And Utah With Preliminary Injunction (Tech Crunch)
Executive Branch acts on cybersecurity - what you need to know about this groundbreaking effort (DLA Piper)

There's an App for That
Some Bot to Watch Over Me (NY Times)
These Apps Are Made for Walking (NY Times)
4 Free WhatsApp Alternatives (Mashable)
A New Android App Called Glove Will Tell You What Carrier Is Best For You (Tech Crunch)
New app 'Selfie360' takes 3D photos (Business Today)

Topics:  Confidential Information, Data Protection, EHR, Employer Liability Issues, FMLA, PHI, Texting

Published In: Labor & Employment Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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