Electronic commerce has changed the face of the workplace. From outsourcing and contingent workers to nonbusiness use of the computer, new challenges demand the attention of employers. "Dot-com" companies on the leading edge of e-commerce technology must closely watch these emerging issues to avoid liability in the electronic workplace.

Course highlights include:

• e-Mail Privacy and Monitoring
• Employer Liability for Online Activities by Employees
• Sexual Harassment and Electronic Communications
• Discoverability of Electronic Records
• The Formation and Implementation of Human Resource Policies

These topics and many others are pressing issues for managers today. Proper employment and recruiting policies, compensation plans, and employee guidelines are all key components for both new and mature companies in this information age. Employee use of computer networks and electronic resources increases the likelihood of discrimination and harassment claims through electronic media. Such claims can lead to costly litigation and liability exposure. This course analyzes the pitfalls and dangers and outlines the policies and guidelines that employers must develop in this digital era.

1. The Changing Status of Independent Contractors and Employees in the Digital Workplace
   1. Distinguishing between employees and independent contractors
   2. Who is an employee?
   3. Do policy statements about employee status (inclusions and exclusions) work?
   4. Consequences and benefits of classification
   5. Impact of worker misclassifications
   6. Supreme Court test to determine worker classification
   7. Types of independent contractors
   8. Joint Employer Liability
   9. "Common Law" employees
   10. Evolving rights of temporary employees
   11. Fringe benefits and pension rights
   12. Discrimination issues
2. Recordkeeping and Electronic Information Systems
   1. Recruiting by e-mail and the internet
   2. Interviewing on the internet (chat rooms)
   3. Terminating employees via e-mail
   4. Record retention policies
   5. Discoverability of e-mail and other electronic media
   6. Protective Orders and their use
3. The Impact of e-Mail and the Internet on Sexual Harassment and Discrimination in the Workplace
   1. Employee use of e-mail, voice mail, the internet, and computer networks as a basis for harassment claims
   2. Can e-mail create a hostile work environment?
   3. Sexual Harassment and discrimination claims
   4. Use of e-mail for personal business
   5. Clandestine use of e-mail
   6. Employer rights to monitor e-mail and web browsing
   7. Employee privacy expectations
4. Employer Exposure to Employee Misuse of e-Mail and e-Commerce Tools
   1. Employer liability for online criminal acts
   2. Potential employer liability for employee activities online
   3. Employer policies to reduce the risk of liability
5. The Fair Labor Standards Act and Overlapping Employment Law Issues
6. Reviewing and Implementing Human Resource Department Protocols in the e-Commerce Workplace
   1. The benefits of employee handbooks
      1. Disclaimers
      2. Acknowledgements
      3. Recommended provisions
   2. Employment agreements and executive compensation arrangements
      1. Pro's and con's
      2. Terms
      3. Cause provisions
      4. Non-Compete covenants or agreements
7. The Impact of the Internet and e-Mail on the Protection of Confidential Information and Trade Secrets
   1. Employee downloading of protected or proprietary material
   2. Secrets
   3. Misappropriations
   4. Inevitable Disclosure
8. Union Organizing and Solicitation Through e-Commerce
   1. Is solicitation through e-mail and the internet permitted?
   2. Prevention of solicitation
   3. Appropriate employer policies
   4. In a unionized company, is monitoring a bargaining issue?
   5. Recent decisions, developments, and opinions

The Course Faculty

Richard H. Block is a partner in the New York City law offices of Winthrop, Stimson, Putnam & Roberts, where he leads the firm's labor and employment practices group. He lectures regularly for a variety of professional organizations on a wide range of labor and employment matters. Mr. Block has served as a member of the Labor and Employment Law Committee of the American Arbitration Association, the Human Resources Committee of the New York Chamber of Commerce; the United States Turkish Business Council; and the Princeton University Advisory Council for Labor Relations. Mr. Block is also a Fellow of the American Bar Foundation. Mr. Block is a graduate of Princeton University and of the Hofstra University School of Law.

Andrew J. Bernstein is a partner in the New York City law offices of Winthrop, Stimson, Putnam & Roberts. Mr. Bernstein's practice covers all facets of labor and employment law and he frequently gives presentations on sexual harassment, the implications of the Family and Medical Leave Act, the Americans with Disabilities Act, and other current labor matters. He is a member of the Association of the Bar of the City of New York. Mr. Bernstein is a graduate of the University of Michigan and the Fordham University School of Law.