The U.S. Supreme Court will hear an important case April 14 about whether public employees have an expectation of privacy concerning text messages they send with company cell/Smartphones.
If the U.S. Supreme Court concludes that text messages sent by public employees on their work phones are considered private, the implications are as follows:
o There will be new questions about the liability of public employers for communications sent by their employees.
o Public employers could choose to disable the texting feature of their employees’ phones to prevent inappropriate messages or disclosure of company information.
o Texting outside the office by nonexempt employees could add time to their workday potentially entitling them to overtime compensation.
Private employers will be watching this decision closely as well. All employers should focus on creating, communicating and consistently following clear electronic monitoring policies. If the company believes that employees should not have a reasonable expectation of privacy, this should be clearly communicated in a formal, written policy.
