
Because the law is so unsettled in this area, there are more questions than answers for employers. However, employers who wish to regulate off-duty conduct should start by carefully defining the conduct involved and avoiding overbroad policies that could be read to restrict employees’ legal rights.
Technology in the Workplace
- NLRB’s Office of General Counsel Issues New Advice Memorandum on Social Media (Employer Law Report)
- Employee did not violate Computer Fraud and Abuse Act by checking Facebook and personal email at work (Internet Cases)
- DOL – Timekeeper App (The Modern Workplace, as well as Ohio Employer’s Law Blog, Delaware Employment Law Blog, Labor Related, and many others!)
- Firing of Teacher’s Union Activist for Viewing Porn in Violation of School District’s Computer Usage Policy Upheld in Face of First Amendment and Other Challenges (Employment Matters)
- 9th Circuit Applies CFAA to Disloyal Employee (Delaware Employment Law Blog)
- Allina fires 32 employees over patient privacy (Star Tribune, MSP Business Journal)
- Should Your Social-Media Policy Address Off-Duty Conduct? (Delaware Employment Law Blog)
- Congress Hears From Apple and Google on Privacy (Media Decoder)
- Federal Judge Accuses DC of a Discovery Violation ‘of Exotic Magnitude’ (ABA Journal)
- Senator Rockefeller Introduces the Do-Not-Track Online Act of 2011 (Privacy & Information Security Law Blog)
- Maryland’s Social Media Evidence Authentication Decision Provides Much Needed Guidance (Shear on Social Media Law)
- Foldable Device Screens, Coming Soon to Your Pocket (Fast Company)
- Google Lobbies Nevada for Laws to Allow Self-Driving Cars (ABA Journal)
- Stars Gain Control of Online Images (NY Times)
- Microsoft to Buy Skype for $8.5 Billion (Deal Book)
- There’s No Data Sheriff on the Wild Web (NY Times)
- The Wall Street Journal Launches WikiLeaks Competitor (Fast Company)
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