Technology and the Law
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Compensable Working Time: The De Minimis Doctrine and ‘Rounding’ Time
There are several traps an employer can fall into with regard to accurately recording the time that an employee actually works.
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Privacy Laws Threaten Compliance
California could become the latest state to ban employer access to private social-media sites used by employees. A law passed by the state Legislature last month still must get the approval of Gov. Jerry Brown, who has until the end of the month to sign it.
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Fired Employee Admits to Hacking Gucci
Just before his trial was to begin, Sam Chihlung Yin pleaded guilty to an attack that cost the luxury goods maker about $200,000.
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Measuring ROI Tops Executives' List of Social Media Challenges
Finding knowledgeable staff to execute social media tasks ranked as the second-most cited hurdle.
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EEOC to Publish Discrimination Charge Statistics Online
The U.S. Equal Employment Commission said May 14 it is making its private sector workplace discrimination charge statistics for each of the 50 states and U.S. territories available online for fiscal years 2009-2011.
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Bill Barring Firms From Requiring Applicant Passwords Awaits Governor's OK
Calls have been growing for federal and state legislation that would bar employers from requiring access to job applicants' social media postings.
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Companies Bring Bring-Your-Own-Device Policies to the Party
More and more companies are establishing bring-your-own-device policies. Once they get past the initial security concerns, most company leaders are finding little downside to allowing employees to use their own smartphones and tablets for work.
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To Email or Not to Email?
Limiting an employee's digital access can decrease an employer's legal liability, attorney Jennifer F. DiMarco writes.
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Employer Requests for Applicants' Online Access Gets Lawmakers' Attention
A letter sent to the Equal Employment Opportunity Commission asks that agency to issue a legal opinion as to whether asking for passwords violates current federal law.
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Social Media Archiving Policy Q&A
EPolicy Institute Executive Director Nancy Flynn discusses what companies should and shouldn't be doing.
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Don't Delete That Tweet
As more companies jump on Facebook and Twitter, tech vendors including Synmantec, Smarsh and HootSuite are expanding their social media archiving offerings.
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NLRB Hones Workplace Social Media Policies
The case of a worker at a popcorn packaging facility who was fired for criticizing a supervisor in a Facebook posting has attracted the most interest, as it ‘highlight[s] what is likely to become the NLRB's new test for deciding whether the action for which an employee was disciplined was so...
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Former Groupon Employees Countersue Over Contract Terms
The countersuit, filed Jan. 25, reveals an increasingly testy relationship between two high-profile Internet players: Google, the king of search advertising, based in Mountain View, California, and Chicago-based Groupon, the leader in the new online-advertising business with daily deals.
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NLRB: Employer Social Media Policies Should not Bar Protected Worker Activity
An analysis of the NLRB's rulings also indicates that if an employee makes a comment on Facebook and fellow employees respond, it is considered protected activity. It is not protected, however, if only friends respond to the posting.
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Background-Check Tool Keeps Tabs on Sex Harassment Cases
Since mid-2010, the latest technology tool by ebosswatch.com has been nearly as popular among human resources and hiring managers as it has been with job seekers.
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Court Rules Employer Liable for Accident Involving Employee's Vehicle
A contractor can be held liable for an employee hitting and injuring another worker with a truck, even though the accident involved the employee's personal vehicle, a California appellate court has ruled.
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The Impact of Motors & Mobiles
Experts recommend that employers establish and enforce policies about talking or texting while driving on the job. As many companies have discovered, distracted drivers are a liability to themselves and other motorists—as well as the employers for whom they work.
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Employee Facebook Complaints Protected by NLRA
The NLRB has received an increasing number of charges related to social media in the past year, but this is the first case involving Facebook that resulted in an administrative law judge's decision after a hearing.
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Court Rules in Favor of Workers’ Comp for Nurse Injured While Glancing at Cellphone While Driving
A nurse who momentarily glanced down at her cellphone to see if her employer was calling is entitled to workers’ compensation benefits for injuries suffered in an automobile accident, the Court of Appeals of Virginia has ruled.
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Worker Policies Must Consider Ever-Changing Web Landscape
“Certainly, almost every large company in the U.S. has a social media policy today, but the maturity and adequacy of policies varies widely,” a consultant says.
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Halogen Admits Deceit in SuccessFactors Case
As part of a settlement, Ottawa, Ontario, Canada-based Halogen Software Inc. conceded it made up a phony prospective customer to inappropriately obtain SuccessFactors’ business information.
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Genetic Shake-Up
You must make the Genetic Information Nondiscrimination Act part of your company's DNA.
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The Skinny: Genes Pocket Data on Bad Drugs, Best Sex
Here’s the fun and exciting side of genetic information. It’s not all federal rules and regulations—although the Food and Drug Administration is expected to jump in soon and start regulating the burgeoning new genomics industry.
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Complying With GINA
Follow these tips to stay in compliance with the Genetic Information Nondiscrimination Act.
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Legal Static Over Issuing Smart Phones to Workers
A lawsuit against the Chicago Police Department is an example of a clear warning to employers to put a smart-phone usage policy in place before they end up in potentially costly litigation, lawyers say.
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Cutting the Gordian Knot Requirements for Electronic I-9 Storage
Commentary: Public Law 108-390 amended the Immigration and Nationality Act to allow electronic signature and electronic storage of I-9 forms, but the regulations implementing it have created a web of confusion.
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Text Message Ruling Offers Employers Guidance While Skirting Employee Privacy Rights
A well-crafted and broadly distributed policy that puts employees on notice of how and when the employer will access these communications can go a long way toward strengthening the employer’s hand in litigation.
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Employees and E-Mail Privacy Rights
Employers are advised to review their electronic communications policies and ensure that such policies clearly communicate the employer’s rules and expectations involving company e-mail and personal password-protected e-mail.
