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Technology and the Law

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6th Circuit Recognizes Telecommuting as an ADA Reasonable Accommodation

April 23, 2014
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes work-at-home arrangements more feasible.
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No Quick Learning Fix For Bad Habits

April 22, 2014
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Leaders often focus on what’s expedient and a lower upfront money and time investment, as opposed to what method will most effectively address challenging learning problems.


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EEOC Holds Public Meeting on Social Media in the Workplace #socialEEOC

March 13, 2014
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The lesson here isn’t so much how social media is impacting EEO laws, but instead how employers are adapting their current policies and training to adapt to these new technologies.
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Read This Post Before you Access Your Employee’s Social Media Accounts

March 6, 2014
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If you are going to permit your employees to use their personal social media accounts for business purposes, get it in writing that you have rights to the accounts.
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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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