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Email Employer Liability Issues Corporate Counsel

Spilman Thomas & Battle, PLLC

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more

Foley & Lardner LLP

Resist the Urge to Access: the Impact of the Stored Communications Act on Employer Self-Help Tactics

Foley & Lardner LLP on

As an employer or manager, have you ever collected a resigning employee’s employer-owned laptop or cellphone and discovered that the employee left a personal email account automatically logged in? Did you have the urge to...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

Payne & Fears on

In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2018

Jackson Lewis P.C. on

1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB Invites Briefs On Question Of Employee Use Of Employer Systems For Non-Business Purposes

Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

Zuckerman Spaeder LLP on

Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Pullman & Comley - Labor, Employment and...

NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

Locke Lord LLP

Barbulescu – Employers' Rights to Access Employees’ Emails/Personal Internet Usage

Locke Lord LLP on

The Press has given a lot of coverage to last Tuesday’s European Court of Human Rights (ECHR) decision in Barbulescu. See Times article, “Employers allowed to look at your private messages”. As often is the case,...more

Seyfarth Shaw LLP

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

Seyfarth Shaw LLP on

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

Bradley Arant Boult Cummings LLP

An Apple a Day May Increase Their Pay: Employees Seek Pay For Checking Emails After Hours

Hold the iPhone —a recent lawsuit by a group of Chicago police officers should have employers on high alert—at least those who permit, officially or not, non-exempt employees to do anything business-related on a mobile...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Bradley Arant Boult Cummings LLP

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now

Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for...more

Franczek P.C.

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

Franczek P.C. on

With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more

Ervin Cohen & Jessup LLP

“Hello there!” (The absolute worst way to terminate an employee.)

The Internet is abuzz about an incredibly tacky, laughably inappropriate mass email that Microsoft sent to nearly thirteen thousand employees informing them, somewhere deep in the self-serving “it’s not you, it’s me” message,...more

Brownstein Hyatt Farber Schreck

Limit the Risks Associated with Distributing Privileged Communications Inside the Company

Our team at Brownstein Hyatt Farber Schreck recently alerted you to the risk of corporate executives using business email accounts for personal purposes. Click here to read the first alert. In light of developing case law in...more

BakerHostetler

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

BakerHostetler on

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

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