Mixed Signals? The Quon and Stengart Decisions—What Do they Mean for the Corporate Workplace?

Program Number: 2065

Program Date: 07/15/2010

Description

For years, employers took for granted that it is legal to monitor an employee's every keystroke on work-issued computers, phones and PDAs. With the recent surge in employee privacy claims, some state and federal courts have sided with the employee, particularly where the electronic activity involves personal, rather than business-related, matters. Join Heather Egan Sussman and Stephen Erf, partners at McDermott Will & Emery LLP, who explain the recent developments in the legal framework for this privacy debate and what it means for the American workplace, particularly in light of the Supreme Court's recent decision in Quon, in which the Court unanimously ruled that the employer could lawfully review personal messages sent on work pagers, and the New Jersey Supreme Court in Stengart, in which the Court held that an employer improperly accessed an employee’s private email messages. The program includes practical advice about when and to what extent employers can use employees' electronic activities to make employment-related decisions like hiring and firing and best practices for implementing lawful workplace policies in light of the changing legal landscape.

$80.00Audio CD Add to Cart $80.00Online Audio Add to Cart

Available in states

Arizona, California, Colorado Eligible, Colorado Homestudy, Florida, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1 General CLE credit
60 minute credit hour - 1 General CLE credit

State Program Numbers

TX# 901207931 1.0 Gen. (09/15/2010 - 08/31/2011),

Presenters


Stephen D. Erf, Esq.

McDermott Will & Emery LLP

Stephen D. Erf, Esq. is a partner in the law firm of McDermott Will & Emery LLP, based in its Chicago office, and focuses his practice on civil rights and labor/employment counseling and litigation, restrictive covenants, wage and hour, union organizing, collective bargaining, employment discrimination, wrongful discharge and public accommodations. Mr. Erf, who has been recognized as a leading employment lawyer in the 2009 edition of Chambers USA: America’s Leading Lawyers for Business, and has also been ranked by The Legal 500 United States as one of the leading lawyers in his field, is the co-author of a book on labor and employment issues arising in the health care field.

 

Heather Egan Sussman, Esq.

McDermott Will & Emery LLP

Heather Egan Sussman, Esq. is a partner in the law firm of McDermott Will & Emery LLP, based in its Boston office, where she is a member of three practice groups, including the Labor and Employment Group, the OSHA Catastrophe Response Group, and the Electronic Data Management, Privacy & Discovery Group. In her employment practice, she helps clients navigate the state and federal laws that govern the workplace, including laws covering payment of wages, fair employment practices, reasonable accommodations, discrimination and harassment, family and medical leave, reductions in force and more. As a Certified Information Privacy Professional, she routinely advises companies on nationwide data security laws in the workplace context. Ms. Sussman speaks and writes on both topics.