E-mail

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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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    The U.S. District Court for the Western District of Kentucky recently ruled that a supervisor's statement that he would replace an employee with an "ass-kicking bad ass" wasn't evidence of "personal bias." Facts David Bzura, who is over 40, worked as a store manager for Lumber Liquidators, Inc., from January 2005 until April 2013. James Davis...
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    No one would dispute that there are many benefits to technology. We're virtually always accessible, and we can save time by sharing information with several people at once. However, there are also disadvantages to technology, particularly with e-mail communications. The informal nature of an e-mail can result in documentation of information that...
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    The news is awash with reports on the scandal in New Jersey in which aides to Governor Chris Christie allegedly took political retribution against a Democratic mayor who didn't support the prominent Republican's recent bid for reelection. As the facts continue to unfold, here are some lessons for employers. No 1: E-mail and texting will come...
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    The New Jersey Appellate Division recently found that an employee's unauthorized disclosure of a privileged e-mail doesn't operate as a waiver of the attorney-client privilege for the communication. In so ruling, the Appellate Division overturned a trial court's order that the employer disclose the privileged e-mail. Facts Glenn Hedden worked...
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    Q Winter is coming! Do I have to pay my employees if we close early due to inclement weather? A Under RSA 275:43-a, when hourly employees report to work at the employer's request, they must be paid at least two hours' pay at their regular rate. In other words, if employees come in and you decide to close the office after an hour, you must pay...
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    Does an employee who communicates with his lawyer using a company e-mail account waive the attorney-client privilege? The answer is not very well settled—not in Delaware or most jurisdictions. However, a recent decision from the Delaware Court of Chancery gives Delaware employers and employees a pretty good idea of which analysis will be...
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    In August, we reported a case where the trial court had enforced a noncompetition agreement against a former employee even though he had not made the first contact with prospective customers (see "To compete or not to compete? Part 1" on pg. 5 of our August 2013 newsletter). Now, the U.S. 1st Circuit Court of Appeals (whose rulings apply to...
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    On July 1, U.S. Citizenship and Immigration Services (USCIS) announced E-Verify's newest customer service enhancement, the tentative nonconfirmation (TNC) e-mail notification to employees. The enhancement notifies the employee by e-mail at the same time it notifies the employer of a TNC through the E-Verify system. The federal E-Verify program is...
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    Working remotely has never been easier, thanks to the proliferation of mobile devices such as smartphones and tablets. Enabling employees to perform work outside the office in addition to their standard work hours can be a boon for productivity, but it carries a legal risk for employers: unexpected claims for overtime pay. Left to their own...
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