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The Modern Workplace

Week in Review

Don't text a texter -- at least not one who's driving. A New Jersey court of appeals is currently considering whether a young woman who texted an individual she allegedly knew was driving could be held liable for the damage arising out of that distraction. If this theory succeeds, it could give employers one more thing to worry about, and may affect how employers communicate with traveling employees. While not illegal yet, it's still a good idea to avoid texting employees you know are driving, especially considering the costs to employers of distracted driving. Better yet, have your employees install one of the apps listed below that helps drivers avoid texting distractions.

In other news, New Jersey Governor Chris Christie conditionally vetoed the proposed social media bill that would prevent employers from asking for workers' social media passwords. The governor indicated that he would like to see more protections for businesses in the bill. On the NLRB front, the Board has issued two more decisions in electronic speech cases, both of which came down in favor of the employees.

Technology and the Workplace
NJ Governor Christie Vetoes Proposed Workplace Social Media Law (Employer Handbook) (Law 360)
New NLRB Rulings Back Bus Driver Fired Over Web Comments (ABA Journal) (Reuters) (Labor Relations Today)
MN Asks Judge to Dismiss Drivers' License Data Lawsuit (Star Tribune)
Board Finds CalTech Scientists' Emails Protected Activity (Labor Relations Today) (Law 360)
Personal Emails Win Privacy in TX House Vote (NBC)

Technology and the Law
Can Remote Texter Be Liable if Driver Distracted by Message? Appeals Court Mulls Novel Theory (ABA Journal) (Daily Record)
Internet Tax Bill Targets All Digital Downloads (CNET)
Cops Can't Search Cellphone Seized at Arrest, FL Supreme Court Says (ABA Journal) (Tampa Bay Times)
FTC Warns Data Brokers to Heed Consumer Privacy Law (Law 360) (NY Times)
San Francisco Barred From Warning Consumers of Cellphone Radiation (NBC)

There's an App for That
Teenager Comes Up With a Way to Block Twitter TV Spoilers (LA Times) (Huffington Post)
Apps that Curb the Temptation to Text and Drive (All Things Digital)
Email Anxiety? Apps to Help Fight Inbox Agita (ABC)
Locked Out of Facebook? Now Your Friends Can Help (Mashable)

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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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