Workplace Data: Law and Litigation, with 2014 Supplement

This treatise provides practitioners representing either employers or employees complete coverage of laws and issues involving employment-related electronically stored information (ESI.) It also overviews privacy laws in 22 countries and regions including Europe, Asia, Oceana, plus Canada and Mexico.



Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues, and a guide to data protection privacy laws in the Americas, Europe, Asia and Oceania. 

Workplace Data addresses relevant issues such as workplace-related e-discovery; discovery issues associated with ESI from an employment law perspective, including preservation, spoliation, attorney-client privilege and working with IT professionals; a comprehensive analysis of data retention requirements in federal labor and employment statutes; privacy and discovery issues associated with social media and devices owned by either the employer or employee; and international workplace-related privacy laws. 

The treatise introduces the elements of ESI—its evolution, components, and its relation to the workplace—presenting a comprehensive analysis of workplace-related ESI and its associated e-discovery challenges. It provides a compilation of data retention statutes and enabling regulations encompassing more than 20 federal laws. Although many laws relate directly to employment (e.g., ADA, FMLA, OSHA, Title VII), various “non-employment” statutes and regulations that can impact workplace data retention (e.g., tax laws, SEC regulations, and Sarbanes-Oxley) also are included.  

Workplace Data covers in depth emerging issues involving social media and electronic devices in the workplace and focuses on the ever-expanding globalization of business and increasing intercountry transfer of employee personal data, providing an overview of privacy laws in more than 20 North American, European, Asian, and Oceanic countries and regions. 

Supplement Information   

The 2014 Supplement serves as a valuable update in the following ways: 

  • Updating and supplementing current legal developments related to workplace data; 
  • Analyzing proportionality relative to ESI under Federal Rule of Civil Procedure 26(b)(2)(C)(iii);
  • Addressing discovery standards before the National Labor Relations Board; and
  • Providing a detailed discussion of social media discovery issues.


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Robert Sprague is an Associate Professor of Legal Studies at the University of Wyoming College of Business and a member of the editorial board of the American Business Law Journal.


View full tables of contents and read the book’s preface or introduction.