News & Analysis as of

Email Employer Liability Issues Electronic Communications

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

CDF Labor Law LLP

No Written Policy, No Email Monitoring Allowed in California

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In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more

Fox Rothschild LLP

New York Employers Must Provide Digital Workplace Posters

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In addition to the increasing number of posters employers are required to physically display, effective December 16, 2022, New York employers must now furnish all employees with digital copies of all required posters via...more

Tarter Krinsky & Drogin LLP

Effective Immediately: New York Employers Must Provide All Mandatory Workplace Postings Electronically

On December 16, 2022, Governor Kathy Hochul signed an amendment to Labor Law Section 201, effective immediately, requiring that all mandatory workplace postings be made available to employees through the employer’s website or...more

Kilpatrick

The Evolution of the Hybrid Workplace

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The workplace was permanently altered in March 2020, when an unprecedented global pandemic uprooted the traditional ways that companies thought and operated. What was initially expected to be a momentary pause in normal...more

Husch Blackwell LLP

New York Employee Monitoring Law Goes Into Effect May 7, 2022

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Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more

Fox Rothschild LLP

Reminder: New York Employers Must Soon Implement Electronic Monitoring Policy

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New York will soon require employers to provide written notice to employees if they monitor or intercept employee telephone conversations or transmissions, emails, or internet access or usage. As discussed in our prior...more

Fox Rothschild LLP

What Employers Need to Know About Monitoring Employee E-Mail

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Datatilsynet Norway has issued a helpful guide on the data protection aspects of employee monitoring, which are helpful for GDPR, but also for California employers with CPRA bringing employee rights into play in 2023....more

Pullman & Comley - Labor, Employment and...

User Beware! New York State Joins Connecticut in Requiring Employers to Notify Employees of Electronic Monitoring

On November 8, 2021, New York amended its Civil Rights Law to require employers to notify employees if their use of e-mail, telephone systems, computer systems and the like are subject to monitoring or interception by the...more

Epstein Becker & Green

Monitoring Employee Email and Devices: New York Will Require Employers to Provide Notice

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Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more

Sheppard Mullin Richter & Hampton LLP

New York Imposes New Requirements for Employee Monitoring

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more

Lowenstein Sandler LLP

Can I Read My Employee’s Emails? New York Law Will Require Advance Notice Effective May 2022

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From time to time, situations arise that prompt an employer to want to review an employee’s emails and other electronic communications. In matters involving internal investigations, concerns about a breach of an employee’s...more

Jackson Lewis P.C.

Employee Monitoring: New York Establishes New Requirements for Employers

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Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

NLRB Upholds Ban On Use Of Company Email For Union Organizing

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The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more

Cozen O'Connor

Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions

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Podcast host Michael Schmidt is joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of...more

Brooks Pierce

National Labor Relations Board Changes Course On Employee Email

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Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year. In Caesars...more

Troutman Pepper

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

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Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

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The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

Seyfarth Shaw LLP

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

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Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week.  The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

Bricker Graydon LLP

NLRB restores employers’ right to control email, IT systems

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On December 16, 2019, the National Labor Relations Board (NLRB) issued a major decision restoring employers’ property rights in the use of email and other IT resources. In Caesar’s Entertainment, the NLRB held that employees...more

McNees Wallace & Nurick LLC

NLRB (Mostly) Restores Employers’ Right to Restrict Use of Their Email Systems

In 2014, the NLRB held in Purple Communications that employers must allow their employees  to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more

Foley & Lardner LLP

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

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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

Jackson Lewis P.C.

NLRB Revisiting Rule On Employees Use Of Employer’s Email System

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The National Labor Relations Board has invited briefs on whether it should modify or overrule its rule under the National Labor Relations Act, established in Purple Communications, that employers must permit employees who...more

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