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Full-Text Articles in Law
Law At The Speed Of Dial Up: The Need For A Clear Standard For Employee Use Of Employer-Provided Email Systems That Will Withstand Changing Technology, Jeffrey S. Bosley, Taylor Ball
Law At The Speed Of Dial Up: The Need For A Clear Standard For Employee Use Of Employer-Provided Email Systems That Will Withstand Changing Technology, Jeffrey S. Bosley, Taylor Ball
Washington Journal of Law, Technology & Arts
In 2007, the National Labor Relations Board adopted two clear rules concerning employee use of employer-provided email in Guard Publishing Co.: First, the Board held that employers were not required to allow employees to use employer-provided email to engage in protected activity pursuant to section 7 of the National Labor Relations Act; second, the Board held that if an employer allowed employees to use its email system for non-work purposes, it could still lawfully adopt and enforce nondiscriminatory rules that restricted otherwise protected activity. In 2014, the Board reversed this precedent in Purple Communications, Inc., and held that …
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
Washington Journal of Law, Technology & Arts
Non-compete agreements are commonly used in both the United States and China, and are regarded as an important means for employers to prevent employees or rival companies from using valuable trade secrets for competitive purposes. Despite their popularity, however, the enforceability of non-competes in both countries can be difficult to determine. In the U.S., the level to which non-competes are fully enforced varies by jurisdiction. While some state courts apply a “rule of reason,” others, such as California, prohibit non-competes altogether. In contrast, Chinese courts tend to support non-competes. This Article provides a comparative perspective of non-competes in the U.S. …
Whose Invention Is It Anyway? Employee Invention-Assignment Agreements And Their Limits, Parker A. Howell
Whose Invention Is It Anyway? Employee Invention-Assignment Agreements And Their Limits, Parker A. Howell
Washington Journal of Law, Technology & Arts
Pre-invention assignment provisions have become important and commonplace facets of employment agreements, supplanting common law rules for invention ownership. Yet statutes in seven states—including California, Washington, and Minnesota—restrict invention assignment. These statutes make agreements unenforceable when a worker invents on his or her own time without use of employer resources and the invention does not relate to the employer’s business or the employee’s work. Employers should be ready to argue why a given invention is not excluded from assignment by statute, although judicial decisions suggest many disputed inventions nonetheless belong to the employer. Statutory arguments notwithstanding, employee-inventors may challenge the …
Facebook Firings And Twitter Terminations: The National Labor Relations Act As A Limit On Retaliatory Discharge, Bryan Russell
Facebook Firings And Twitter Terminations: The National Labor Relations Act As A Limit On Retaliatory Discharge, Bryan Russell
Washington Journal of Law, Technology & Arts
In every state except Montana, at-will employment is the default rule, leaving employers free to discharge employees for their use of social media. The National Labor Relations Act’s (NLRA) protection of collective action, however, is emerging as a substantial limitation to at-will terminations. In Hispanics United of Buffalo, the National Labor Relations Board concluded that Facebook posts critical of the non-profit employer were protected as collective action and that the employer’s retaliatory termination of five employees violated Section 8 of the NLRA. To be protected as collective action under the NLRA, an employee’s use of social media must be …
Invalidity Of Covenants Not To Compete In California Affects Employers Nationwide, Sheri Wardwell
Invalidity Of Covenants Not To Compete In California Affects Employers Nationwide, Sheri Wardwell
Washington Journal of Law, Technology & Arts
In Edwards v. Arthur Andersen LLP, the Supreme Court of California rejected the Ninth Circuit Court of Appeals’ “narrow restraint” exception to California Business and Professional Code section 16600 regarding the unenforceability of covenants not to compete (CNCs). Edwards affirms that, unless the agreement falls within a statutory exception, CNCs in employment agreements are invalid as a matter of law in California because of California's strong interest in protecting employee mobility as codified in section 16600. Despite California’s strong public policy against CNCs, an employee who wins the race to a California courthouse may not necessarily benefit from section …
You Can Send This But Not That: Creating And Enforcing Employer Email Policies Under Sections 7 And 8 Of The National Labor Relations Act After Register Guard, Nicole Lindquist
You Can Send This But Not That: Creating And Enforcing Employer Email Policies Under Sections 7 And 8 Of The National Labor Relations Act After Register Guard, Nicole Lindquist
Washington Journal of Law, Technology & Arts
The National Labor Relations Board’s decision in Register Guard Company (Register Guard) set new precedent regarding employee rights to use employer email systems to discuss protected activities under Section 7 of the National Labor Relations Act. The decision established two new rules of law regarding employer email policies: first, employers have a property interest in their email systems, and may, therefore, create email policies prohibiting non-work related emails including Section 7 related communications. Second, employers may enforce email limitations differently between union and non-union related emails, so long as the enforcement is not made “along Section 7 lines.” …
Text Message Monitoring After Quon V. Arch Wireless: What Private Employers Need To Know About The Stored Communications Act And An Employee's Right To Privacy, Jennifer Heidt White
Text Message Monitoring After Quon V. Arch Wireless: What Private Employers Need To Know About The Stored Communications Act And An Employee's Right To Privacy, Jennifer Heidt White
Washington Journal of Law, Technology & Arts
In June 2008, the Ninth Circuit Court of Appeals held that public employees have a reasonable expectation of privacy in the content of text messages sent from employer-owned devices. The court concluded that the expectation of privacy arises vis-à-vis the text-message service provider, even where an employee has signed an explicit waiver of such an expectation. The decision, Quon v. Arch Wireless, raises difficult questions about the limitations placed on text-message service providers by the Stored Communications Act, and an employer’s ability to regulate and monitor employee use of technology in the workplace. Although Quon only applies to public …
Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson
Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson
Washington Journal of Law, Technology & Arts
This Article addresses a New Jersey appellate court’s holding which suggests that employers have a common law duty to investigate online misconduct by their employees. In Doe v. XYC Corp., the Appellate Division of the Superior Court of New Jersey held that an employer has a duty to act when (1) it knows that an employee’s use of the Internet would endanger a third person; and (2) it has reason to believe that it may discipline the employee for online activities in the workplace. The court stated that, under this duty to act, an employer must investigate, discipline, and …
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
Washington Journal of Law, Technology & Arts
Hidden cameras may guide a union employer to find employee misconduct, but at what cost? Since the late 1990s, two federal appeals courts and the National Labor Relations Board (NLRB) have required employers to bargain with unions before using hidden video surveillance to observe employees. Until more recently, however, it was less apparent how lawyers should advise clients when an employer wished to use hidden cameras or had already installed non-disclosed video surveillance. In August 2005, the D.C. Circuit Court of Appeals decided a case surrounding surveillance at an Anheuser-Busch facility, which provided further guidance on these issues. This Article …
Wait! Don't Fire That Blogger! What Limits Does Labor Law Impose On Employer Regulation Of Employee Blogs?, Carson Strege-Flora
Wait! Don't Fire That Blogger! What Limits Does Labor Law Impose On Employer Regulation Of Employee Blogs?, Carson Strege-Flora
Washington Journal of Law, Technology & Arts
The Ninth Circuit Court of Appeals recently issued a decision protecting the right of an employee to post critical comments about his employer on a website. The court found that the employer’s discipline was an unfair labor practice prohibited by federal labor law because it was “concerted activity” protected by the National Labor Relations Act (NLRA). Employers wishing to discipline employees for their public blogging activity should be familiar with the protections provided by the NLRA. This Article explores the consequences for violating the Act and addresses what employers should consider when attempting to limit employee blogging.
Proposed Federal Definition Of "Internet Job Applicant" Suggests Need For Revised Human Resource Policies, Carson Strege-Flora
Proposed Federal Definition Of "Internet Job Applicant" Suggests Need For Revised Human Resource Policies, Carson Strege-Flora
Washington Journal of Law, Technology & Arts
After several years of discussion, the Equal Employment Opportunity Commission, along with several other federal agencies, has proposed a new definition of “Internet job applicant” to help employers understand how to treat such applicants. The explosion over the past decade of Internet recruiting prompted the need for clarification of how employers must treat applicants for purposes of federal antidiscrimination law and recordkeeping requirements. The new guidelines suggest that employers engaged in Internet recruiting should review their hiring policies to ensure that their treatment of Internet job applicants complies with the proposed guidelines. This Article suggests that employers avoid violating federal …
Risky Business: What Must Employers Do To Shield Against Liability For Employee Wrongdoings In The Internet Age?, Nicole J. Nyman
Risky Business: What Must Employers Do To Shield Against Liability For Employee Wrongdoings In The Internet Age?, Nicole J. Nyman
Washington Journal of Law, Technology & Arts
Recent suits filed by the recording industry have raised the issue of employer liability for copyright infringement by employees. In fact, legal consequences for an employer do not end with copyright infringement liability, but extend into many other areas. This Article discusses several legal concerns raised by employee Internet use and examines steps an employer should take to minimize or avoid liability for inappropriate employee actions, including a discussion of benefits and drawbacks to various approaches.