Electronic Communications Policies

NLRB Weighs in on Employers’ Right to Monitor Workplace Communications

E. Jason Tremblay It has traditionally been understood and recognized that employees do not have an expectation of privacy when using their employer’s computer system and that employers can monitor and control their employees’ emails. However, in light of a recent decision by the National Labor Relations Board (“NLRB”) in Purple Communications, Inc., 361 NLRB […]

Court approves discovery questionnaire seeking social media information

Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social […]

NLRB issues first social media decision

For those following social media and labor law, this month was noteworthy as the National Labor Relations Board issued its first decision taking on an employer’s social media policy in Costco Wholesale Corp., 358 NLRB No. 106 (2012). You may recall that over the last year the NLRB Acting General Counsel issued a series of […]

Legislation seeks to ban employer use of employee social media passwords

Chicago Partner Mark Spognardi recently wrote an article, “Legislation seeks to ban employer use of employee social media passwords: Companies could face privacy or discrimination suits for requesting personal log-in information,” that discusses the recent legislative trend seeking to prohibit employers from asking applicants and employees for usernames and passwords to their social media networking […]

Jesse Dill shares insight with CNN about social media issues arising in the workplace

Arnstein & Lehr Milwaukee Associate Jesse Dill discussed the possible ramifications of employees’ personal and professional use of networking sites in a recent CNN article. The February 7 article, “Employers, workers navigate pitfalls of social media,” focuses on the legal issues facing both the company and the employee when a negative social media situation arises. […]

Chuck Pautsch and Jesse Dill address social media law on BizTimes.com

Arnstein & Lehr Milwaukee Partner Chuck Pautsch and Associate Jesse Dill authored the article “Court cases are shaping social media law,” which appeared in the January 24 issue of BizTimes.com, which covers Milwaukee and southeastern Wisconsin business news. The article describes how companies can protect their social media accounts and online assets when employees leave […]

Employers Need Blogging and Social Networking Guidelines

As an attorney working with companies whose employees use social media on a daily basis I have observed that companies often react after problems occur instead of dealing with new technology proactively through sensible employee policies.  Whether employees are twittering, texting, facebooking, or blogging, employee handbooks may now need social media guidelines. Employees are likely […]

Employees have an expectation of privacy in email sent from company laptops? Yes, a NJ court says.

A New Jersey appeals court has determined that an employee who used a company owned laptop to send email messages to her lawyer from her Yahoo account had an expectation of privacy in those messages, even though the employer had an electronic communications policy that stated that all communications sent from or using company equipment […]