December 18, 2009

The United States Supreme Court has agreed to decide an important employee privacy case—City of Ontario v. Quon—that is likely to have far-reaching implications for public and private employers alike.

The court will determine: (1) whether text messages sent by an employee using employer-owned equipment are private and therefore entitled to legal protection, and (2) whether messages sent to an employee using that same equipment are private.

Get a jump on the New Year by knowing what legal changes are coming and how to be prepared. Join us on January 5 for the 90 comprehensive webinar: What's New for 2010: The Pending State and Federal Legislation, Regs, and Court Cases You Need to Know About.

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The Ontario, California police department had a policy stating that electronic communications sent using city-owned equipment and networks should relate only to official matters, and employees should not expect that such communications would be private. Although the policy did not specifically address text messages, a lieutenant made statements to officers suggesting that the city would not actually read their messages.

Four members of the city's SWAT team routinely exceeded their monthly allotment of text messages. As a result, the city conducted an audit and discovered that many of the messages sent and received by these officers were of a personal nature, and were often sexually explicit.

Upon learning that the city had read their text messages, the officers sued both the city and the third-party network provider. The Ninth Circuit Court of Appeals ruled in favor of the officers, and the U.S. Supreme Court has now agreed to review the decision.

Although this case involves a public employer, if the court rules that the employees do in fact have a privacy interest in text messages sent on company equipment, the decision could significantly affect the policies of all employers, both public and private, regarding company equipment and communications.

We'll have more on this case, and how to draft and enforce a bullet-proof employee electronic communications policy, in an upcoming issue of California Employer Advisor.

Don't Get Caught Off-Guard by New Legal Developments

This past year was a big one for employment law, with the Department of Labor's FMLA regulations going into effect and employers struggling to sort out just how the ADA Amendments Act altered their responsibilities and expanded workers' rights.

Brace yourself—2010 is stacking up to be another blockbuster year for labor and employment law.

Chatter continues from Washington on the Employment Non-Discrimination Act, the Employee Free Choice Act, and the Paycheck Fairness Act, and courts around the state have been hard at work handing down decisions that affect your obligations.

Add to the mix the Obama Administration's resolve to hammer out a workable solution to the nation's healthcare crisis, as well as the continued uncertainty within California over workers' meal and rest breaks, and employers have the tall task of anticipating where they will need to focus their compliance efforts in 2010 and beyond.

Join us on Jan. 5 for an in-depth, 90-minute interactive webinar all about what to expect in 2010. Our expert—a seasoned California labor and employment attorney—will explain:

• Which proposed state and federal laws and regulations could affect minimum wage, immigration, overtime, family and medical leave, and more
• The latest trend in wage-and-hour lawsuits in California, and the best practice strategies for defending compensation-related class actions in 2010 and beyond
• How the proposed EFCA could make it easier for union leaders to organize or expand
• The major state and federal court decisions from this past year that could change your employment policies for 2010 and for years to come
• The practical steps you should take right now to prepare for what's in store

Register now »

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