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Technology and the Law

Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
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If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
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NLRB: No Such Thing as an Online Picket Line

February 19, 2014
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This decision displays a fundamental misunderstanding about social media. Nothing about social media is private. It is public, interactive, and immediate.
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Social Media Background Checks as Discrimination

November 25, 2013
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Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.


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The Email Curfew for Wage-and-Hour Compliance

November 20, 2013
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How do you prevent employees from claiming overtime wages for the off-the-clock time they spend receiving, reading, and sending work-related emails? Maybe an email curfew is the answer.


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Does Social Media Change the Meaning of 'Solicitation'? (Redux)

November 14, 2013
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Social media is not creating new laws, but is merely creating new applications of existing laws to an evolving communication and technology tool.
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NLRB Upholds Workplace Ban on Recording Devices

November 7, 2013
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This case offers hope to employers that there exists a more reasonable analysis of the application of Section 7 rights to workplace policies other than suggested by the Board’s recent actions.


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How to Build a Healthy Website, Power Plant, Spacecraft or Workplace

October 29, 2013
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It’s hard to believe that no one raised warnings about obvious design and operability concerns. They were too profound and widespread for that not to have happened.
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The Legal Reason Why You Shouldn’t Force Employees to Turn Over Social Media Passwords

October 24, 2013
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Ehling v. Monmouth-Ocean Hospital Service Corp. provides further legal justification for employers to avoid this practice.
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When Coyote Posts Get Ugly

October 13, 2013
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Why social media posts about current and former employees from saloon franchise Coyote Ugly's management opened the door to lawsuits.
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Thoughts on the Global Workplace From Hanoi

August 2, 2013
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I heard that I would encounter different regional communication styles—one part of the audience would be open, direct and confrontational; the other would be attentive, agreeable and quiet.
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