Category: Policies/Handbooks

Obama Administration Proposes Cybersecurity Best Practices 0

Obama Administration Proposes Cybersecurity Best Practices

As practitioners are aware, in February 2013, President Obama issued an executive order directing federal agencies to create a set of voluntary cybersecurity standards and procedures for critical parts of the private sector. If followed, these “best practices” are intended to reduce the risk of a cyber attack and its attendant disruption of business.

Computer Fraud and Abuse Act Continues to be “Employer Friendly” 0

Computer Fraud and Abuse Act Continues to be “Employer Friendly”

The Computer Fraud and Abuse Act (“CFAA”) is a federal law that, in part, makes it a crime to access a computer in an unauthorized manner. In the employment context, the statute has proven valuable in protecting confidential and proprietary information that employees can access on their employers’ electronic systems. Recent decisions by the United States Courts of Appeals for the Ninth and Third Circuits emphasize the breadth of the CFAA’s application to the workplace.

NLRB Report on Social Media Cases Provides Guidance for Employers on Social Media Policies 0

NLRB Report on Social Media Cases Provides Guidance for Employers on Social Media Policies

The National Labor Relations Board’s Acting General Counsel recently issued a report and press release summarizing the outcomes of recent NLRB cases involving employees’ use of social media and the legality of employers’ social media policies. Among the cases discussed in the report are several in which the Board found that provisions of employers’ social media policies violated Section 8(a)(1) of the National Labor Relations Act, which prohibits work rules that would “reasonably tend to chill employees in the exercise of their Section 7 rights” to engage in “concerted activities” for the purpose of “mutual aid or protection.”

Employer Social Media Policies: The Dangers of Too Much Or Not Enough 0

Employer Social Media Policies: The Dangers of Too Much Or Not Enough

Employers wanting to prohibit damaging communications from being made about them by employees through blogging and rapidly evolving social media such as Facebook, Twitter, and LinkedIn should be aware of a recent National Labor Relations Board (NLRB) Complaint against American Medical Response of Connecticut, Inc. asserting that two of the more common employer restrictions on employee blogging and social media communications constitute unfair labor practices and are, therefore, unlawful. In its News Release, the NLRB pointed to two of the provisions in the company’s blogging and internet posting policies as being unlawful under Section 7 of the National Labor Relations Act (NLRA).

Employee Personal Use of Company-Owned Electronic Devices in the Wake of Stengart and Quon 0

Employee Personal Use of Company-Owned Electronic Devices in the Wake of Stengart and Quon

In this technology age, employees increasingly make personal use of workplace electronic communications applications. The legal ramifications of such personal use – and how employers can create policies that balance the right to monitor the workplace with employees’ expectations of privacy – were examined in an informative panel discussion, “Electronic Communications Policies in the Wake of Stengart and Quon” during Gibbons P.C.’s Fourth Annual E-Discovery Conference on October 28, 2010.