Comments for Virginia Workplace Law - Karen Elliott, Managing Editor

Comment on Child Porn Found In the Workplace: Affirmative Duty to Report by Cullen Seltzer

Cullen Seltzer — Tue, 24 Apr 2012 22:42:01 +0000

Thanks for your question and it’s a fair point. I’m not aware of a prosecution or enforcement action under 18 U.S.C. Section 2258A akin to what you’ve described. Here, though, is my concern. Take, for example, an auto parts manufacturer who has a computer network which serves a hundred workstations and hosts the company’s public website. On one or more of those workstations, the company’s IT department discovers reportable child pornography. The company may make the argument that it’s an auto-parts manufacturer and not in the electronic communications business making offerings “to the public.” But is that, in fact, the case? What about the company’s public website? Is that an “electronic communications service”? As noted above, an electronics communication service is “any service which provides to users the ability to send or receive wire or electronic communications.” There is certainly an argument that the auto parts manufacturer’s public website is a service providing users the ability to send or receive wire or electronic communications. Certainly, the particulars of any given person or company’s information network and circumstances will inform their reporting obligations. Businesses ought to take care, though, not to assume this statute is inapplicable to them just because they are not primarily in what they may perceive to be a “traditional” information or electronic communication services business.

Comment on Child Porn Found In the Workplace: Affirmative Duty to Report by Bill Simms

Bill Simms — Tue, 17 Apr 2012 22:49:48 +0000

Are you aware of this statute (18 USC § 2258A) ever being interpreted to be enforceable against an employer that is not involved in “providing an electronic communication service or a remote computing service to the PUBLIC”? (emphasis added)

The statue appears to only apply to employers that are internet communication or other electronic communication companies. If this statute really applies to ALL employers as you indicate then I would really like to know that b/c it is an awfully important distinction.

For reference, see http://www.ctlawtribune.com/printarticle.aspx?ID=41147

Thanks

Comment on Virginia Workplace Law Is Here For You! by Sofia Trussell

Sofia Trussell — Thu, 15 Mar 2012 20:48:51 +0000

I have not checked in here for a while since I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend

Comment on Feds Hang Up On Commercial Drivers by Dawn Stanley

Dawn Stanley — Fri, 30 Dec 2011 21:29:25 +0000

Karen – I’m glad I came across this. My husband is a commercial driver for a Northern Virginia company. They use the T-Mobile handheld radios all day long. This is very useful information . . . . would hate to see my paycheck go to pay a $2,750 personal fine.

Comment on How Much Privacy Do Employees Have? by Child Porn Found In the Workplace: Affirmative Duty to Report | Remote, Web and Registrars Service Providers

Thu, 01 Dec 2011 14:30:46 +0000

[...] the government are protected by the 4th Amendment right against unlawful searches or seizures. A different topic for another day.) In general, best practices require that the employer have employee permission and recognition [...]

Comment on Virginia Workplace Law Is Here For You! by Russell Lawson

Russell Lawson — Wed, 30 Nov 2011 18:56:02 +0000

We instituted a mobile template soon after you made this comment and hope you’ve had a chance to visit since then. Let us know if you need more.

Russell

Comment on Don’t Let Your Internship Turn Into A Black Swan by Rick Clark

Rick Clark — Thu, 03 Nov 2011 00:15:13 +0000

Thank you!

Comment on How Much Privacy Do Employees Have? by Child Porn Found In the Workplace: Affirmative Duty to Report | Virginia Workplace Law

Wed, 03 Aug 2011 13:49:44 +0000

[...] of the government are protected by the 4th Amendment right against unlawful searches or seizures. A different topic for another day.) In general, best practices require that the employer have employee permission and recognition [...]

Comment on Virginia Workplace Law Is Here For You! by Russell Lawson

Russell Lawson — Wed, 03 Aug 2011 12:00:02 +0000

Thanks. We are in the midst of implementing a mobile template and hope you will check back with your phone for improvements soon!

Comment on Virginia Workplace Law Is Here For You! by Zähne

Zähne — Sun, 31 Jul 2011 15:24:37 +0000

Hm, this web site does not have a working stylesheet when I look at it using my iphone 3GS. Maybe you can optimize the site for cellphone readers as well.

Comment on What Message Will You Leave Behind? by Richard Smith

Richard Smith — Sat, 27 Nov 2010 01:42:22 +0000

Phil will be greatly missed. He was a good friend and fine lawyer. He was always cheerful and kind. It is a great loss.

Richard Smith

Comment on Background Checks – Not Necessarily A Prevention Of Murder In The Workplace by Rachel McTague

Rachel McTague — Wed, 09 Jun 2010 16:26:34 +0000

Thanks for an excellent and concise article telling us what background checks actually are and the limits on how far they go in providing assurance against violent workplace behavior!