Peeking into Employees' Electronic Lives: What Employers Need to Know about How Far They Can Go and What They Lawfully Can Do with the Information They Gather

Program Number: 2014

Program Date: 02/02/2010

Description

Most workers are well aware that every keystroke they make on work-issued computers, phones and PDAs can be monitored legally by their employers. But many do not know of the legal debate raging in courtrooms across the country about the degree to which an employer can also monitor electronic activity on personal devices, even where those devices may never have been connected to the employer's network. Heather Egan Sussman, Stephen D. Erf and Lisa Richards Rahilly, all from the law firm of McDermott Will & Emery LLP, explain the legal framework for this privacy debate and what it means for the workplace, and include practical advice about when and to what extent employers can use employees' electronic activities to make employment-related decisions like hiring and firing.

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Available in states

Arizona, California, Colorado Eligible, 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

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.

 

Lisa Richards Rahilly, Esq.

McDermott Will & Emery LLP

Lisa Richards Rahilly, Esq. is counsel in the law firm of McDermott Will & Emery LLP, based in its Boston office, where she is a member of the Trial Department and the Labor and Employment Group. She represents clients in all aspects of labor, employment and OSHA law, including employment and OSHA-related litigation, traditional labor relations and employment and OSHA counseling. Ms. Rahilly litigates employment-related claims before federal and state courts and administrative agencies, and represents management clients in traditional labor relations areas, including collective bargaining, arbitrations and unfair labor practice proceedings before the National Labor Relations Board.

 

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.