Let’s consider the risk of employee harassment. As any compliance officer already knows, harassment is nothing new under the misconduct sun. But in the electronic world, the risk unfolds in different ways.

For example, a senior executive could harass a junior employee by sending an emoji that could be interpreted as suggestive, including a winking face or heart.

Those images can imply meaning when sent by the wrong person — but by themselves, they’re also stripped of context. In person, we’re much better at understanding when someone blowing an air kiss is being funny or too forward. Online, that same imagery requires much more subjective interpretation. If the recipient complains about the message, HR or compliance will need to do much more contextual analysis of other communications to judge the intent of that ambiguous emoji.

Or consider messages sent over the weekend or late at night. Even with no ill intent or awkward emojis included, a natural human impulse is to respond to emails, text messages, and so forth sooner rather than later. Could a senior executive inadvertently browbeat someone — or even violate wage & hour laws — by talking at odd hours?

In some jurisdictions, it can be illegal for managers to send an email or similar messages to employees outside of standard work hours; in many others, it’s just a questionable practice that could lead to burnout. So, what’s the policy response your firm might want to adopt?