GNYADA September 2015 Newsletter

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Ashley Madison: The Takeaway for All Employers

Last month’s massive hack of the infidelity-fueled “dating” site, AshleyMadison.com, compromised the identities, contact info and credit cards of roughly 37 million users. (Not to mention revealing a delicate wealth of personal data, such as likes, dislikes and much, much more.) A number of the outed individuals apparently used their work computers to set up Ashley accounts, raising questions about how businesses should handle those employees. Even if no one from your team was exposed in the hack, you should use this opportunity to remind your employees about your dealership’s policy on the proper use of company e-mail and internet. Remind them that they should not be using dealership computers and devices for personal reasons, and if they do, there is no expectation of privacy on any Social media is an extremely enticing platform for both free advertising and fun photos that give your dealer- ship a lively edge. Many manufactur- ers, in fact, encourage dealers to use social media to drive sales. But if this is part of your digital marketing strategy, you have to be careful about what those photos include. Not only is digital media here to stay, but its many forms become more abundant by the second — particu- larly “selfies,” where photographer and subject are one in the same. With the proliferation of these images, so increases a business owner’s oppor- tunity to profit off their use.

employer-owned systems or hardware.

mine whether your employees are committing adultery or are inclined to do so. New York State protects workers against termination for lawful activi- ties pursued outside of work. While someone caught up in the Ashley Madison affair may be an easy target for disciplinary action, doing so runs afoul of New York’s Legal Activities Law. While adultery remains a crime in New York, it is not a crime to visit a website promoting adultery. Employers should focus upon the inappropriate use of work time or of employer technology, rather than the nature of this particular website. Make sure your policy on electronic media use is up to date, and make sure your employees know the rules. refrain from posting images of cus- tomers, staff and other individuals to your social media accounts. But if you do shoot or stumble across that perfect picture of a beaming cus- tomer giving an enthusiastic thumbs- up in front of the new ride they just bought from you, be sure to obtain written consent before using it. (A sample release form can be found on our website for your reference and use.) GNYADA’s upcoming Labor Law Seminars, taking place on October 15th and 21st, will touch specifically on this issue. To learn more, contact Sue Bieber at susan@gnyada.com or 718.746.5900.

Investigation or Action? The deeper question is, what is the proper employer response when it comes to violations that combine pro- fessional lapses and moral factors? If one of your employees’ names appears in the list of Ashley Madison subscribers, should that employee be dismissed? As James McGrath, labor counsel for the Association, notes, employers who peruse the Ashley Madison list for employee names are entering shaky territory by investigating. Comparing the “client list” against your company roster is both unneces- sary and unwise. Not only might you discover extremely personal informa- tion, like sexual orientation and more, but you have no obligation to deter- Whenever you post photographs of individuals (customers or employees) for advertising purposes, you must obtain a release from them. Without a release, you could be sued for improper usage of the image, under Sections 50 and 51 of the New York Civil Rights Law. Before you balk at the notion that staff should have to sign a release, too, consider that they may not remain staff forever. A bitter ex- employee can cause an even bigger stir than a complaining customer.