Question

what right to privacy do you have on an employer issued laptop?

does this change if you access your employer email on your personal laptop?

in your informed opinion, how does the recent legalization of Marijuana in many states effect workplce privacy?

Answer 1

According to the ECPA, an employer-provided computer system is the property of the employer, and when the employer provides employees with a laptop they can take home, it likely violates no laws when it monitors everything employees do with that computer, whether business-related or personal.

If we try to change anything on our personal laptop it does not change anything.

In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of marijuana. Some states have also enacted provisions which protect employees from being discriminated against for obtaining a medical marijuana license, require reasonable accommodations and provide privacy rights outside of the workplace. In total, 15 states currently have medical cannabis laws that provide some form of explicit employment protection for medical cannabis users. Needless to say, the rapid progression in marijuana legalization has left employers Dazed and Confused.

Marijuana can stay in an individual’s system for as long as 30 days from the last time consumed. This is a big reason why jurisdictions like New York City and Nevada have chosen to prohibit pre-employment testing, with the exception of high-risk roles, care-givers, and emergency responders. Even states that allow pre-employment testing, like Oklahoma, have certain provisions that bar employers from refusing to hire applicants solely because of a positive result.