Privacy Issues in the Community College Workplace

12) Engaging in recreational use of the District’s Electronic Communications Resources that interferes with the ability of the employee or other users to conduct District work. This includes but is not limited to downloading or uploading software, games, or shareware. Employees are also prohibited from downloading and using instant messenger (IM) as it creates a security risk. Overtime - Prior Approval Required. The Fair Labor Standards Act (FLSA) requires that the District pay each employee who is entitled to receive FLSA overtime for all hours worked. This provision does not apply to employees who are exempt from FLSA overtime because of the executive, administrative, or professional nature of their job duties. 1) No time spent in any activity on the District’s Electronic Communications Resources for the benefit of the District may be done outside of employee scheduled work hours without advance approval from the employee’s immediate supervisor. Emergencies may arise that call for an exception to this rule. In emergencies, the employee may perform the work, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the employee’s supervisor denies the request to work overtime, the employee must obey the supervisor’s directive and cease working overtime. 2) All time spent outside of the employee’s scheduled hours on the District’s Electronic Communications Resources for the benefit of the District must be reported on official District forms so that the District may pay the employee for that work. Employees may never choose to work and not request compensation. All legitimate overtime will be compensated. 3) Employees are required to record all work time on official District records and to work overtime with approval. Failure to follow the District’s overtime approval procedures will result in being paid for all legitimate work time, and being subject to disciplinary action, up to and including termination for violating the overtime approval procedures. * Note Waiver from Third Party Electronic Communications Service : An Electronic Communications Resources policy may be held to only allow monitoring of electronic communications routed through the District’s equipment and property. In Quon v. Arch Wireless Operating Co., Inc. (9th Cir. 2008) 529 F.3d 892 , where the text messages in question were actually transmitted to and stored by a third party, the court held that the third party could not release the contents of those messages to the employer because it lacked the consent of the sender or recipient. Since the Supreme Court did not grant cert to Arch Wireless’ petition, the Ninth Circuit’s opinion that Arch Wireless violated the Stored Communications Act (SCA) is still good law. (City of Ontario v. Quon (2010) 560 U.S. 746, [130 S.Ct. 2619] ). In the event a third party provider is involved in the transmission or storage of electronic communications, you should obtain the employee’s written consent to access these communications in order to preserve your right to monitor them. A sample of such a waiver is set forth below.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 186