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
What is in a number? In particular, the number 9? Does it mean anything to you, or symbolize anything in particular?
Even the most basic research reveals...more
Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more
Let’s first dispense with the opening hook by asking: Was Rutgers University acting “chicken” when it (finally?) chose to fire Coach Mike Rice only after public outrage over events that took place last year? Whether or not...more
The NLRB continues to issue decisions about whether an employer can lawfully terminate employees based on social media activity, and whether workplace policies violate the law protecting employees’ rights to engage in...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
Pro-actively drafting cybersecurity policies and protocols is like doing a will for yourself, or an employee manual for your company. The thought process is that there is nothing imminently pressing that requires me to think...more
On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years. The New York minimum wage had been the same as the federal level...more
The New York City Council continues to grow the chasm that exists between New York City employment law and its state and federal counterparts. Specifically, on March 13, 2013, the council overwhelmingly enacted (by a 43-4...more
I trust that, of all the social media and employment law issues we discuss, you are most sick of hearing about the legislative efforts to prohibit Facebook password demands by employers. Or you just don’t care. Or you still...more
I ended 2012 as I have the past couple of years, highlighting my view that, while technological advances are great in many respects, it’s still the inter-personal relationships that lead to success in our professional and...more
Wow. Front page of the New York Times Business Section. This stuff must be important.
Steven Greenhouse authored a piece in yesterday’s Times, in which he summarizes the lay of the land with social media and the...more
Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions.
What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more
Happy New Year. So much has happened while you spent the holidays undoubtedly velobinding and wrapping the 2012 archives of this blog for your friends and loved ones. So I thought I’d welcome everyone back by updating some...more