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Technology and the Law

Bill Barring Firms From Requiring Applicant Passwords Awaits Governor's OK

April 11, 2012
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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

April 6, 2012
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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?

April 3, 2012
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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

March 27, 2012
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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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Facebook Foibles

March 26, 2012
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It's not just the Department of Public Safety and Correctional Services. Employers generally are still fumbling around in the Facebook dark. And more shins will be bruised before we find the light switch.
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Social Media Archiving Policy Q&A

March 20, 2012
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EPolicy Institute Executive Director Nancy Flynn discusses what companies should and shouldn't be doing.
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Don't Delete That Tweet

March 20, 2012
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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

March 7, 2012
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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 out of line that it lost the protection of the NLRA.'
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Former Groupon Employees Countersue Over Contract Terms

January 27, 2012
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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

January 26, 2012
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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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