There seems to be room in the sandbox for lots of people to play.
Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more
You can’t make this stuff up.
Have you read this one? I can’t blame you if you haven’t. Between the serious and tragic stories dominating the news from Malaysia and Russia, this little employment law nugget snuck into...more
Matt Dunning at BusinessInsurance.com announced some eye-opening news: “Despite its ubiquity in corporate communications and marketing, a startling percentage of companies has no formal strategy for addressing the liability...more
It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import. Much of the fun, however, lies in playing the forecasting game, and...more
We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more
I certainly don’t care that much. My team ended its year early, again. However, many people do care, for various reasons. There is, of course, the football game itself and the rooting interests that exist. The fact that the...more
I loved the holiday season. But if I could look back and point to one part of the 2013 holidays that really bothered me, it is this: the incessant Michael Bolton appearances in those Honda commercials. Every two seconds,...more
Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks....more
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more
Ryan Seacrest paid homage again to Dick Clark. The latest musical crazes performed live from hot spots around the globe. Miley Cyrus thinks we’re still interested (for those who were at some point). They all helped us and our...more
It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, that I am reminded of that election campaign more than twenty years ago when Bill Clinton coined the phrase “It’s...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...more
Sometimes you can find great employment law lessons in the craziest places and lawsuits, and even non-employment law lawsuits. This month, a decision was issued by a Family Court Judge in Brooklyn, New York that, while an...more
In prior posts, I summarized the three-step analysis that employers should use before taking adverse action against an employee because of that employee’s social media activity:
1. Was the social...more
Whether it’s on the phone, in my office, or just on the street, people – I mean, hoards of people – have been asking me the same one question: What’s happening with Lady Gaga?
A few weeks ago, on September 30th, I...more
At the expense of sounding too corny, sometimes these issues are fascinating. As much as they are practical, from a takeaway standpoint.
Back on May 8, 2012, I blogged about an interesting federal case in Virginia that...more
Most employers tend to focus on federal law as a source of labor and employment obligations. However, employers should also pay careful attention to state and local laws on workplace issues. The first half of this month has...more
What would you say is one of the biggest impacts on employers of this new (well, maybe, not so new) era of technology? The inability of employers to know about and keep track of time spent by employees working off premises...more
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In the final Part 5 today: The discoverability of private social media posts in...more
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 4 today: The use of company logos, and picture taking in the workplace....more
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more
Yesterday began this series of five posts to highlight five developments from this past summer in the area of social media and employment law....more
In some respects, the summer of 2013 seemed long. In others, it feels as if Memorial Day and the early June heat wave were only yesterday. But just because this blog went on a brief summer hiatus doesn't mean the world of...more
What a quagmire we find ourselves in. Actually, that the NLRB finds itself in. Although continuing to issue rulings and advice memoranda in a sort of free- and unfettered-looking way, the question of the NLRB’s authority to...more
Have we finally reached the point where employees not only accept, but actually like when their employers monitor their computer activities? Really? Well, maybe “like” is a bit of a stretch still, but employees have...more