David G. King

David G. King

Miller Canfield

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Latest Publications


Employees May Use Employers’ Email System to Engage in Protected, Concerted Activity, NLRB Rules

Companies that provide employees access to email systems “must presumptively” allow those employees to use them for statutorily protected communications on non-working time, the National Labor Relations Board (NLRB) ruled on...more

12/12/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

11/18/2014 - American Red Cross Corporate Counsel Discrimination Employer Liability Issues Hiring & Firing Non-Profits Popular Religious Discrimination Title VII Volunteers

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media....more

5/17/2013 - Facebook Online Privacy Protection Act Passwords Social Media Stored Communications Act

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

4/2/2013 - Cell Phones Fourth Amendment Mobile Devices Public Schools Search & Seizure Students Texting

Michigan’s Internet Privacy Protection Act

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

12/24/2012 - Electronic Communications Internet Privacy Protection Acts

NLRB: Discharging Non-Union Employee’s for Facebook Posts Violated NLRA

In September 2011, we alerted you to the decision in Hispanics United of Buffalo, a decision by a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) examining an employer’s termination of employees because...more

12/24/2012 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Non-Union Protected Concerted Activity Section 7 Social Media Termination Unions

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