New York Employment Law Letter: Five Takeaways from Recent Supreme Court Privacy RulingNew York Employment Law Letter August 13, 2010
Attorneys in the firm's New York office—Brian Cesaratto, Kenneth DiGia, Traycee Ellen Klein, Peter Panken, Lauri Rasnick, and Susan Gross Sholinsky—contributed to the article titled, "Five Takeaways from Recent Supreme Court Privacy Ruling."
Chances are, text messaging, e-mail, and smartphones are some of the types of modern electronic technology that are now staples in your workplace. And the U.S. Supreme Court recently addressed the topic when it ruled on an employee's right to privacy when using a messaging device issued by his employer. In City of Ontario v. Quon, the Court held that a public employer didn't violate an employee's constitutional privacy rights by searching his personal (and often sexually explicit) text messages that were sent and received on his employer-issued pager. Although the case involved a public employer, it could easily affect private employment as well. With that in mind, the article discussed several things employers (both private and public) should take away from the case.