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If Texting & Cell Phone Use Increase Risks of Accidents, What Should Employers Be Doing?
From: Connecticut Employment Law Blog
The New York Times this week published a series of articles revealing studies that showed that drivers who sent text messages were 23 times more likely to get into a collision.  Even the casual use of cell phones while driving may increase the risk of accidents. In light of these reports, what -- if anything -- should employers be doing about this? That is the subject of a recent blog post by Russell Cawyer of the Texas Employment Law Update.   He suggests a fairly strict approach: Given that we live in a world where Darwinian principles don't work quickly enough to thin the herd of those too "distracted" to realize that they should not text message while driving, employers should considering adding specific prohibitions against using laptop computers, person...
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Stop Honking! Can't You See I'm on the Phone?
That was one of my favorite bumper stickers a few years ago -- and it's even more appropriate today, as more and more employers, states, and now even the federal government are regulating what drivers may do with their cell phones. Just last week, President Obama signed an executive order prohibiting federal employees from texting while driving whenever they are working, whether they are using government-issued phones and cars or not. State legislators, sometimes in response to well-publicized and horrific crashes, have banned texting in 18 states; it's also banned in the District of Columbia. Although no state currently bans all drivers from using a cell phone, six states require drivers to use hands-free devices if they want to talk on the phone, and almost half of the st...
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The Basics: Offer Letters of Employment in Connecticut
Continuing the summer series of "basics" of various employment laws (see prior installments here, here and here), this week the topic is offer letters. Specifically, at the time of hiring an employee, does Connecticut require any documentation be provided to employees? The answer is yes.  Perhaps not in the form of an "offer letter" but it must be something resembling it.  Specifically, Conn. Gen. Stat. 31-71f requires that every employer, at the time of hiring, tell employees: What his or her rate of pay will be; What hours the employee will be expected to work; How often the employee will be paid (weekly, bi-weekly, etc.). Connecticut law also requires that employers "make available" to employees (in writing or through a posted notic...
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When Everyone Has Their Own Smart Phone, What Does That Mean for the "Workplace"?
Yesterday, I had the opportunity to speak to a large group at the Connecticut Community Providers Association in Rocky Hill about social media and compliance issues. The Connecticut Community Providers Association represents organizations that provide services and supports for children and adults with disabilities and significant challenges including people with substance use disorders, mental illness, developmental and physical disabiliti

es. It was a very energetic crowd and from the questions that were asked, it is clear that social media has made it to the mainstream.  No longer can companies believe that the firewalls that they have on the...
More | Connecticut Employment Law Blog
Employees' Expectations of Privacy Limited When Using Company-Issued Electronic Devices
On June 17, 2010, the United States Supreme Court issued its opinion in the case of Quon v. Arch Wireless Operating and The Ontario Police Department. The Supreme Court had to decide whether the City of Ontario had violated the privacy rights of Quon and the officers he texted when, as part of an overage audit, Ontario Police Department Management read transcripts of messages Quon sent on his City-issued pager. The Supreme Court held that Management's investigation of the SWAT team members' text usage was reasonable. The investigation was motivated by the legitimate work-related purpose of ensuring the City's contractual text character limit was sufficient to meet the City's needs. In addition, the Court held that the investigation was "not excessive in scope" be...
More | n Labor Employment Law Blogn
Supreme Court To Address Electronic Privacy in the Workplace
By Robin E. Weideman The United States Supreme Court has granted review in Quon v. Arch Wireless, which deals with the increasingly emerging issue of the scope of an employee's privacy in electronic messages sent using employer-provided equipment.  Our previous post regarding the Quon case is here.  Although the case deals with a public employer and is, therefore, specifically focused on the scope of Fourth Amendment privacy protection involving the use of text messaging in a fairly case-specific factual setting, the case may well provide some broader insight on the Supreme Court's view toward privacy issues in the electronic era that will be of use to private sector employers as well.  In the meantime, employers grappling with monitoring of employe...
More | California Labor Employment Law Blog
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