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Monitoring Employee Use of Email and Other Electronic Communications

July 2010
Employment Law Notes
The use of mobile electronic devices such as Blackberries and iPhones has become so commonplace that one can hardly imagine a world without 24/7 connectivity. As common as these technologies have become, however, it was only in June 2010 that the U.S. Supreme Court had its first opportunity to examine a workplace policy allowing an employer to monitor employee electronic communications. In City of Ontario v. Quon the Court upheld a city’s search of a SWAT officer’s text messages for compliance with its electronic communications policy.