News & Analysis as of

Email Employer Liability Issues Employment Policies

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

Winstead PC

It’s Time for Employers to Revisit Their Employment Policies to Be Ready to Address Political Disputes Among Coworkers

Winstead PC on

With political division in the United States on full display in the midst of a pandemic, Americans are faced with deepening rifts that touch not only their social circles and family units, but also their work lives. It...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

Manatt, Phelps & Phillips, LLP

NLRB Issues Employer-Friendly Decisions

Prior to the new year, the National Labor Relations Board (NLRB or Board) made several big moves, approving greater confidentiality in workplace investigations, expanding employers’ ability to restrict employee email use and...more

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

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The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Epstein Becker & Green

Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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

Epstein Becker & Green

#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News

A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more

McCarter & English, LLP

Confidentiality, E-mail, And Dues: NLRB Reverses Three Major Obama-Era Rulings

With a steady decline in private sector unionization and a lack of political muscle to change the National Labor Relations Act (“Act”), organized labor in the Obama era relied heavily on decisional rulings from the National...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

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

White and Williams LLP

Seven Steps to Stay Safe Online in the Workplace

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Ensuring the online safety and security of a workplace is only possible through the joint efforts of all the employees using a company’s computer systems. The failure to maintain a secure network environment can result in...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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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

Proskauer - Labor Relations Update

You’ve Got Mail: NLRB Requests Briefing on Standard for Employee Use of Employer Owned Electronic Communication Systems

In what could signify the beginning of the end for Purple Communications, Inc., 361 NLRB 1050 (2014) and guaranteed employee access to Employer computer systems for union organizing purposes, the NLRB issued a notice on...more

Jackson Lewis P.C.

Unplug: Will Employees Soon Have The “Right to Disconnect?”

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If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. The bill allows for...more

Orrick - Employment Law and Litigation

Pulling the Plug: New York City Bill Would Give Workers the “Right to Disconnect”

It is now the norm to see passersby glued to their phones as they make their morning trek into work. And when those employees head home, they are often unable to “leave work at the office” as they continue to respond to...more

Proskauer - Labor Relations Update

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Locke Lord LLP

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

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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

Smith Anderson

Is Your Computer Use Policy Legal? NLRB Finds a Presumptive Right for Employees to Use Employer’s Email System for Protected...

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Does your company give employees access to company email? Do you prohibit employees from using the company email for personal, non-company use? If so, your policy may violate federal law....more

Mintz - Privacy & Cybersecurity Viewpoints

ICYMI: Privacy in the Workplace Webinar

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jennifer Rubin and Gauri Punjabi’s Privacy in the Workplace presentation. Jen and Gauri discussed the latest statutory and common law...more

Levenfeld Pearlstein, LLC

2015 Labor and Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...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

Faegre Drinker Biddle & Reath LLP

Illinois Employer May Be Liable for Failing to Investigate Employee's Murderous Email Threats

Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more

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