Employers are implementing BYOD policies left, right and centre to try to control the privacy challenges this practice can bring about when
employers access these devices to protect their data contained on them... [more]
Not exact matches
The Wurk employee management software gives
employers and employees round the clock
access to work schedules and makes it easy to adjust schedule preferences and request time off from any
device.
Because the birth control cases all focus on a 1993 federal law, the Religious Freedom Restoration Act, not the Constitution, the Justices will face questions about whether the mandate to provide free
access to 20 forms of birth control drugs or
devices, sterilization, screenings, and counseling imposes a «substantial burden» on religious freedom of nonprofit
employers with religious objections to some or all contraceptives, whether the mandate in fact serves a «compelling interest» of the government, and whether an attempt to provide an exemption from the mandate satisfies the requirement that such an accommodation is «the least restrictive means» of achieving the government's policy interest.
In November 2016, the City Council Women's Caucus rolled out its first - ever «legislative equality package,» which included bills calling for a report on the use of long - acting reversible contraceptives such as intrauterine
devices; sexual assault awareness and prevention training for cab drivers; support for a state bill that prohibits
employers from asking potential applicants for their salary history; and another state bill that gives domestic violence survivors
access to breaking leases.
According to the opinion, lawyers should ordinarily assume that an
employer's internal policy allows for
access to the employees emails sent to or from a workplace
device or system.
The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business
device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide
access to a workplace
device or system; given the circumstances, the
employer or a third party has the ability to
access the email communications and; that as far as the lawyer knows, the
employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business
device or system.
The Committee then listed six different situations where lawyers might consider a more secure communication method than email, including when: 1) communicating highly sensitive or confidential information via email or unencrypted email connections, 2) sending an email to or from an account that the email sender or recipient shares with others, 3) sending an email to a client when it is possible that a third person (such as a spouse in a divorce case) knows the password to the email account, or to an individual client at that client's work email account, especially if the email relates to a client's employment dispute with his
employer 4) sending an email from a public computer or a borrowed computer or where the lawyer knows that the emails may be read on a public or borrowed computer or on an unsecure network, 5) sending an email if the lawyer knows that the recipient may
access it on
devices that are potentially accessible to third persons or are not protected by a password, or 6) sending an email if the lawyer is concerned that the NSA or other law enforcement agency may read the email, with or without a warrant.
This has created unique problems for
employers, who are faced with making decisions about employees caught electronically
accessing, storing or distributing pornography at work or on
employer - owned
devices.
Put it in writing Written policies, with corresponding written agreements and employee authorizations, clarify areas including: responsibilities; performance expectations; employee consent to monitor remote work or
access the employee's workspace for IT setup and OHS inspection; retrieval of
employer property; responsibility to recover, maintain and replace
employer - issued equipment; permitted use of
employer - owned equipment or «bring - your - own -
device» guidelines; responsibility for protecting proprietary and confidential
employer information; and applicability of workplace rules offsite.
After reaching the narrow conclusion that, in employment cases, lawyers have an obligation to warn clients of the risk of discussing the case using
employer - owned
devices or accounts, the Committee explained that regardless of the type of case, lawyers must assess whether client consent is required when communicating via email: «A lawyer sending or receiving substantive communications with a client via e-mail or other electronic means ordinarily must warn the client about the risk of sending or receiving electronic communications using a computer or other
device, or e-mail account, to which a third party may gain
access.
The takeaway flowing from Canadian privacy legislation and the Jones v. Tsige and Cole decisions is that
employers should only
access personal data on work
devices where the
employer does so for legitimate reasons, such as addressing safety or performance issues or investigating complaints or incidents of prohibited or illegal conduct in the workplace.
Organizations are required to protect clients» personal information from illegitimate use or disclosure, whether the
employer or employee owns the
device used to
access it.
«I think the concern has certainly been raised, and that
employers are (or should be) carefully considering both who should have 24 - hour
access, and, in the case of overtime - eligible employees, what the rules are regarding use of the
devices outside of business hours,» says Jeff Mitchell, partner with the labour and employment practice of Dentons Canada LLP.
A BYOD program involves employees using their own mobile electronic communication
devices to carry out work for their
employer through remote
access to the organization's intranet.