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Ten Tips for Preparing an Effective Acceptable Use Policy

Corporate computers and information and communications systems (collectively, "electronic resources") remain the workhorse for most businesses, even as alternatives, such as third-party text messaging services, external social media, and cloud computing, flourish. Employees rely on corporate electronic resources for e-mail, calendaring, business contacts, Internet access, document creation and storage, and a multitude of other business applications. Consequently, for employers, it is critical to establish and maintain their right to inspect all information stored on, and to monitor...

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes to regulating employees’ off-duty social media posts about work.  The National Labor Relations Board’s (NLRB or the Board) recent decision in Three D, LLC (Triple Play), 361 NLRB No. 31 (2014), answered two of those questions:  (1) How far can employees go when posting social media content protected under Section 7 of the NLRA before their posts...

Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to Rely on Criminal Records for Employment Purposes

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. In fact, the new District of Columbia law is one of the few in the United States that restricts the ability of private sector employers to screen applicants on the front end (i.e., before an interview or an offer). The law does this by prohibiting employers from both inquiring about criminal history information during the application...

New Jersey Law Continues Nationwide "Ban-the-Box" Trend

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records.  New Jersey’s so-called “ban-the-box” law, which will be effective March 1, 2015, follows closely on the heels of similar legislation enacted in the past two years.  Due to the proliferation of such laws – and related class action litigation and Equal Employment Opportunity Commission “systemic” investigations – employers may want to conduct a...

Rhode Island Enacts New Legislation Prohibiting Employers' Access to Personal Online Content

Rhode Island recently became the fifth state in 2014 and the 17th state nationwide to enact legislation restricting access by employers to applicants' and employees' personal online content.1 The Rhode Island law follows similar laws enacted this year by Wisconsin, Tennessee,2 Oklahoma, and Louisiana,3 continuing a nationwide trend that began in spring 2012.  Rhode Island's new law embodies many of the prohibitions seen in similar laws.  However, in comparison to similar laws, the new law provides relatively narrow exceptions that allow employers to protect their...


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Format: 2014-09-23
Format: 2014-09-23