Friday, May 13, 2011

Technology, Law, and the Workplace: Week in Review

This Week in Review highlights the divide between on-duty and off-duty conduct of employees. Several articles from the last week involve stories about employee use of work computers to check Facebook and personal email, look at pornography, and access confidential medical information. This week’s round-up also features articles addressing the uncertainty faced by employers who attempt to regulate the off-duty conduct of employees. Although a recent NLRB Advice Memorandum upheld discipline of an employee for controversial statements on Twitter, another article asks whether employers should even address off-duty conduct in social media policies.

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
Technology and the Law More Generally
Technology in the News
  • 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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