“What are the legal boundaries of an employee’s privacy in this interconnected, electronic-communication age, one in which thoughts and ideas that would have been spoken personally and privately in ages past are now instantly text-messaged to friends and family via hand-held, computer-assisted electronic devices? It is precisely this question that is before the court.”
A U.S. district judge began his opinion with this question in a case that will be decided this year by the U.S. Supreme Court. The question arises as boundaries between work time and personal time continue to blur. Employers are increasingly distributing hand-held devices with the expectation that employees will use them to perform job responsibilities. Employees are increasingly using such devices outside the workplace, even while on vacation, to meet employer and customer expectations of accessibility.
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