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The Modern Workplace

Technology, Law, and the Workplace: Week in Review

The news this week is another reminder that, although technology may appear to change everything, the same basic laws apply.  If you screen applicants via Facebook, the same background check and discrimination laws will apply.  If an employee engages in protected activity on social media, then protected activity laws still apply.  And if an employee sues you, you can seek discovery of social media evidence on the same basis of as other evidence.  These stories, and more, are discussed below.


As Apple's recent ad for the new iPad says, "technology alone is not enough."  Employers must remember that the basic employment and labor laws are not so quick to change.

Technology in the Workplace
Technology and the Law More Generally
  • MySpace evidence was inadmissible hearsay (Internet Cases)
  • Senators Propose New Online Privacy Law (Media Decoder and WSJ Law Blog)
  • A Date Goes Horribly Wrong: Should Dating Site Pay Up? (WSJ Law Blog)
  • House Votes Against 'Net Neutrality' (NY Times)
  • N.Y. Man Says New Evidence Shows He Owns Big Facebook Stake (Bits)
  • Court Upholds Facebook Settlement With Twins (NY Times)
  • An iPhone Left in a Locked Bathroom is Not "Abandoned" under the 4th Amendment (Bow Tie Law)
Technology in the News
  • Do Cellphones Cause Brain Cancer? (NY Times)
  • New Search Technology Is Enhanced With Videos (NY Times)
  • Do Social Networks Make You Feel Left Out? (Gadgetwise)
  • The New Gatekeepers of Media (NY Times)
  • U.S. Lagging in Using Technology, Study Shows (NY Times)
  • Data theives target e-mail addresses (USA Today)
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The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.

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