24/7 is the new (or, in our industry, not so new) 9 to 5. Everyone has Blackberrys or other smartphones – often issued by their employer. We have all seen companies reserving the right to monitor employees' e-mails and Internet use in the workplace, and, until recently, we believed that employees had virtually no right of privacy in communications sent or received using company-issued equipment or servers.
Recent New York cases are redefining the scope of employer monitoring rights, making it ...