News & Analysis as of

Employees Electronic Communications

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

Sheppard Mullin Richter & Hampton LLP

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of...more

Rivkin Radler LLP

NY’s New Employment Law Targets Privacy Concerns

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In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees. In an effort to address the growing concerns over privacy and the use of social media in...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Ius Laboris

An Indian ‘right to vent’?

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I’m having a rubbish day at work. Can I vent over WhatsApp with my colleagues? The High Court of Madras in Madurai has ruled that an employee cannot be dismissed for sending insulting messages about their employer in a...more

Ius Laboris

Can you be fired for sending private messages about colleagues?

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The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more

Zuckerman Spaeder LLP

Off-Channel Communication Risks: SEC and CFTC Enforcement Actions and Compliance Considerations for Financial Firms

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In an increasingly digital world, financial firms need to be mindful of the variety of electronic communication channels that their employees use for work. Even where firms require employees to use firm-managed email networks...more

Sheppard Mullin Richter & Hampton LLP

SEC Off-Channel Communications Sweep

Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “off-channel communications” in the...more

Butler Snow LLP

What is the Message from Artificial Intelligence

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When announcing the much publicized $125 million fine against JP Morgan for violating recordkeeping rules, the U.S. Securities and Exchange Commission (“SEC”) Chair stated that financial institutions “did not act as if they...more

CDF Labor Law LLP

No Written Policy, No Email Monitoring Allowed in California

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In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more

J.S. Held

Off-Channel Communications: How Financial Services Organizations Can Address Regulators’ Latest Target

J.S. Held on

As a number of recent headlines demonstrate, the U.S. Securities and Exchange Commission (SEC) and other regulators have fined and penalized employers and employees in the financial services industry for non-compliance with...more

Burns & Levinson LLP

Reminders on the Attorney-Client Privilege for In-House Counsel

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I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more

Patterson Belknap Webb & Tyler LLP

New York Employers Now Required to Provide Notice of Electronic Monitoring

Senate Bill S2628 went into effect on May 7, 2022. The bill, which was signed into law by Governor Hochul on November 8, 2021, requires all private sector employers—regardless of size, number of employees, or entity type—to...more

Saul Ewing LLP

May 7th Compliance Deadline for New York Employers to Notify Employees of Electronic Monitoring

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Pursuant to an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, email, and the internet must notify employees of any...more

Gibney Anthony & Flaherty, LLP

New Electronic Monitoring Requirements for New York Employers Starting May 7

Effective May 7, 2022, employers in New York State will need to provide written notice to new hires where the employer “monitors or otherwise intercepts [employee] telephone conversations or transmissions, electronic mail or...more

Pullman & Comley - Labor, Employment and...

User Beware! New York State Joins Connecticut in Requiring Employers to Notify Employees of Electronic Monitoring

On November 8, 2021, New York amended its Civil Rights Law to require employers to notify employees if their use of e-mail, telephone systems, computer systems and the like are subject to monitoring or interception by the...more

Epstein Becker & Green

Monitoring Employee Email and Devices: New York Will Require Employers to Provide Notice

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Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more

Sheppard Mullin Richter & Hampton LLP

New York Imposes New Requirements for Employee Monitoring

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more

Epstein Becker & Green

Attorney-Client Privilege & Employee-to-Employee Communications

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Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

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A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

Cohen & Gresser LLP

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

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The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record...more

Sheppard Mullin Richter & Hampton LLP

The Right to Unplug: New York City Council Proposes Bill Which Would Allow Employees to Disconnect From Work After Normal Work...

New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This...more

Proskauer - Labor Relations Update

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

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