The evolution of electronic social media presents numerous complications in regulating employee conduct which may cause problems for the public sector employer. Employers must carefully balance liability considerations with privacy issues when regulating an employee's non-work related communications on work-issued computers, cell phones or other...
Attorney General Addresses a Town Chair’s “Google Group”
Background It is becoming increasingly common for elected officials to use electronic media such as websites or chat rooms to communicate with their constituents. While providing information or a forum to the voters is well intended, the sites and communications are likely public records, and the information exchanges may even constitute public...
U.S. Supreme Court Addresses Employee Privacy in the Context of Text Messages on Publicly-Owned Pagers
By D&K's Labor & Employment Team The Wisconsin and United States Supreme Courts have made it clear that when public sector employees check into work, they do not leave their privacy rights at the door. Searches and seizures of an employee’s private property and affects are subject to Fourth Amendment restraints. Whether an employee has a...
WERC Renders Decision on the Current Role of Police & Fire Commissions in Discipline Cases
In a decision dated December 1, 2009, the Wisconsin Employment Relations Commission (WERC) has decided that a municipal employer may no longer maintain existing language in a collective bargaining agreement which uses the procedures of § 62.13(5) for review of discipline police or fire department employees, if the union objects upon the...