Electronic Workplace

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    The Electronic Communications Privacy Act (ECPA) is a federal statute that controls electronic monitoring activities. The ECPA amended and updated Title III of the Omnibus Crime Control and Safe Streets Act of 1968, commonly known as the federal Wiretap Act. Initially, the Wiretap Act prohibited the intentional and unauthorized interception and...

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    Computers, e-mail, voice mail, cell phones, smartphones, tablets, smartwatches, and the Internet all have brought a new age of ease and efficiency to workplace tasks. But along with those advantages comes a dizzying array of workplace and liability issues that seems to grow almost daily. Monitoring Employees' Technology Use and Abuse One...

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    As has been the case with most forms of social media, blogs (short for web log) have changed from being a tool primarily used by individuals to reflect about their personal lives to a wide ranging business communication device. The fact that nearly every major news outlet devotes a section of its website to the blogs of people...

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    The 3rd Circuit recently ruled that an employer's statements that its employees would remain employed if they did their jobs and stayed out of trouble didn't create an implied employment contract sufficient to overcome the presumption of at-will employment. Facts Karen McCrone, Daniel Arminio, Jose Hernandez, Emanuel Hodson, Denise Molineaux,...
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    In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board's previous attempt to change the election rules failed because the courts held that it didn't have a proper quorum to adopt new...
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    As we noted in last month's newsletter, 2014 continues to be an active year for employment legislation in the Delaware General Assembly. (See "Dealing with Dover" on pg. 1.) The General Assembly has proposed a spate of new laws. Some of the bills would be beneficial to employers, while others would be problematic. Here are some emerging issues for...
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    More and more employers are adopting bring your own device (BYOD) policies. BYOD policies eliminate the need to give employees a smartphone or tablet for work-related purposes. Instead, employees bring their own devices and use them for both work and personal purposes. Here's what employers should know about this growing practice and the inherent...
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    BYOD (bring your own device — did I really need to define it?), while not my favorite "BYO" acronym, is probably just as widely known as its Prohibition-era predecessor, BYOB. Having gone from movement to mainstay, BYOD has become a way of life for most companies. But many companies don't realize that allowing employees to use their...
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    The Equal Employment Opportunity Commission (EEOC) has the ability to subpoena a broad array of documents and records from third parties. Responding to such a subpoena can impose a costly burden on third parties. EEOC's broad subpoena powers An employer's dealings with the EEOC typically stem from an administrative charge filed by a current...
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    This was an interesting year for employment law issues in the Tennessee General Assembly. Despite early rumblings about amendments to last year's "guns in trunks" law that would've provided clarification about whether Tennessee employers may lawfully fire employees who violate broad "no weapons" policies, the only changes to that law at the end of...
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