In yesterday’s CED, attorney Stephen R. Woods summarized two key cases relating to technology policies. Today, his tips — and a product that makes quick work of all the policies you need.
Woods is a shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, PC.
Computer Monitoring and Attorney-Client E-mail
Regarding attorney-client privilege and e-mails from company equipment, Woods advises:
- If an employee uses the company e-mail account, some cases (though not all) hold that the employee waives attorney-client privilege, and the employer can review attorney-client e-mails.
- If the employee sends e-mails using his or her personal email account, but on company equipment, the answer will depend on the employer’s policy and practice.
A Very Simple Rule
The solution is simple, says Woods. Tell all managers: When you come across attorney-client communications, call HR, your legal department, or outside counsel! Do not otherwise share or disseminate the e-mails.
101 must-have employee handbook policies, specifically for California employers and fully customizable to your needs.
Notice and Training are Critical
Conduct annual training for employees on your technology policy, Woods recommends. (According to an AMA-ePolicy Institute Survey, Woods says, only 27 percent of employers provide such training.)
You can include this training with your non-harassment training. Be sure to have employees sign off on training to ensure that there is awareness of the policy.
Be Consistent
Make sure that your managers are not making oral statements contrary to the current written policy, Woods says.
All the policies you need, fully editable and customizable — your employee handbook is already complete!
Technology Policy Basics
Woods suggests HR managers consider the following for their technology policies:
- Develop a technology policy or procedure as part of your handbook or policy manual, or as a stand-alone document.
- Get signed consent from each employee.
- Be sure the policy covers all electronic resources (company e-mail systems, computers, phones, all smartphones and tablet computers, copiers, pagers, etc.).
- To keep pace with rapidly changing technology, include a catch-all for future electronic resources (“… and all other electronic resources.”).
- Note that systems and resources are the property of the company.
- State that there is no reasonable expectation of privacy.
- Select a usage option:
- Business purposes only.
- Primary purpose must be business; personal use must not be excessive.
- Lawfully ban solicitation (you should prohibit all commercial endeavors; however, you may allow a limited number of charities).
- Prohibit mass/blanket e-mails.
- Consider prohibiting access to personal Internet-based email via company electronic resources.
- Address recovery of hard drive items as a result of employee’s activities (Internet, etc.).
- Prohibit unlawful harassment, discrimination, and retaliation.
- Address security provisions passwords, etc.
- Include limitations on copyright/trademark violations, etc.
All the Policies You Need, in One Place
Whatever shape your employee handbook’s in, it could probably be better. More comprehensive. More clear. More helpful for communicating your rules and expectations clearly and keeping you out of a lawsuit.
An incomplete or incorrect handbook is more than just a nuisance. If it’s not drafted correctly, your handbook can actually lead you down the very path you’re hoping to avoid: The one that leads to the local courthouse.
Our brand-new HR Management & Compliance Report, the California Employee Handbook Template, includes 101 vital policies — written specifically for employers in California – including:
- At-Will Employment
- Employee Classifications
- Social Media Code of Conduct
- Right to Observe Employees
- Voice Mail, Email, Electronic and Computer Files, and Usage
- Appearance and Courtesy; Uniforms
- Equal Employment Opportunity
- Harassment Prohibited
- Retaliation Prohibited
- Bullying Prohibited
- Accommodation of Disabilities
- Zero Tolerance for Drugs or Alcohol in the Workplace
- Terminations
- Final Pay
- Progressive Discipline
- Rest Periods
- Meal Periods
- Overtime Pay, Authorization, and Mandatory Overtime
- Payroll Deductions
- Travel Time Pay
- Bereavement Leave
- COBRA Coverage for Health Insurance
- And 79 more!
Click here for a full Table of Contents.
All of the policies are fully editable and customizable — when you order, you’ll get a link to editable Word versions of all 101 policies.
All of the policies in the California Employee Handbook Template
have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:
- Which employers the policy applies to
- Which employees the policy applies to
- Whether the policy is required or optional
- Special considerations
It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!
Best of all, we’ll send you a brand-new edition each year so that you always have the most up-to-date policies available. Don’t delay — order today and get your handbook up to date once and for all.