Technology solutions and paperless records are increasingly common in the workplace. For all the benefit that technology provides, there are legal aspects to its use that too often are ignored until the employer faces a compliance audit, government investigation or civil litigation requiring production or use of the records.
Employers that have not considered and dealt with these issues when implementing the technology often find that the records are not available or not legally enforceable. Key considerations for human resources professionals are summarized below.
An electronic signature is any electronic sound, symbol or process, which is attached to or logically associated with a contract or other record that a person executes or adopts with the intent to sign the record.
Electronic signatures frequently are used in the workplace in online applications and electronic performance appraisals.
The federal law, Electronic Signatures in Global and National Commerce Act (E-Sign), generally preempts state law, except in states that adopted the Uniform Electronic Transactions Act (UETA) or states that have enacted a law...
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