Michael Schmidt

Michael Schmidt

Cozen O'Connor

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WTF Day 2

As in, “Way Too Frequently” we are hearing and reading about cyber and data breaches. The ironic hack du jour: LastPass. Wait for it: A company that lets a customer store all of his or her passwords online in a single storage...more

6/17/2015 - Cyber Attacks Cybersecurity Data Breach Data Protection Hackers Passwords

WTF?!

WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more

6/16/2015 - Discipline Employer Liability Issues First Amendment NLRA NLRB Offensive Language Pacific Bell Protected Concerted Activity Unions

Trolling Social Media To Find Your Disgruntled Employees

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

4/21/2015 - Best Management Practices Former Employee Hiring & Firing Popular Social Media Social Networks

Are You A Nasty Mother Fu*ker?

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

4/3/2015 - Employee Rights Facebook NLRB Offensive Language Protected Concerted Activity Social Media Social Media Policy

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

3/24/2015 - Employment Policies New Guidance NLRB Popular Social Media Social Media Policy

Too Many People Using Social Media?

Well, maybe there aren’t too many people using social media in general. But, perhaps, that is the lesson to be taken from a recent federal court decision that addressed the intersection of one statute’s purpose and the...more

3/18/2015 - FLSA Gawker Popular Service of Process Social Media Wage and Hour

Want To Hear A Good Suggestion?

The “suggestion box” seemingly goes back to the dawn of time. In 2015, the cardboard carton, manila folder, or plastic shelf physically attached to the outside of the door has been replaced by the virtual, online suggestion...more

3/9/2015 - Corporate Culture Employer Liability Issues NLRB Trade Secrets Wage and Hour

50 Shades of Great

Do you have an Anastasia Steele and Christian Grey working in the same department, late? Do you have Anastasia constantly trying to bond with an unwilling Grey? Or an aggressive Grey with suggestive Facebook messages to...more

2/16/2015 - Holidays Workplace Romances

Seahawks or Patriots – Do Employers Care?

I certainly don’t really care. My Cowboys ended their year a couple of weeks too early (yes, that was a catch). However, many people do care, for various reasons. There is, of course, the football game itself and the rooting...more

1/20/2015 - Employment Policies Football Internet Gambling Popular Social Media Social Media Policy Sports Gambling

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

1/2/2015 - Affordable Care Act Barack Obama Big Data Cybersecurity E-Verify EEOC Employer Liability Issues Employer Mandates I-9 Immigration Procedures Legislative Agendas LGBT Marijuana Medical Marijuana NLRB PDA Pregnancy SCOTUS Social Media Social Media Policy Strategic Enforcement Plan Unpaid Interns Whistleblowers

It’s Still The Relationships, Stupid – 2014 Wrap Up (Part 2 of 2)

It is this same 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:...more

12/22/2014 - Employer Liability Issues Social Media Policy Technology

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

12/19/2014 - Advertising Cybersecurity Data Protection Employer Liability Issues Facebook Harassment Holiday Parties NLRB RLUIPA Social Media Social Networks Text Messages Wage and Hour

“You’ve Got Served!”

Pardon my witty little play on “you’ve got mail!” from 1998. Remember when that booming AOL voice – and what was the 50th movie teaming Tom Hanks and Meg Ryan – seemingly reflected the start of the Internet communication age?...more

10/21/2014 - Employer Liability Issues Facebook Service of Process Social Media Social Networks

NLRB Still “Likes” Expansive Employee Speech

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

9/30/2014 - Employee Rights Facebook Free Speech NLRA NLRB Protected Activity

Statements Are As Important As Actions Are In Sports Too

I often like to use the world of sports as a backdrop for employment law and social media points. After all, athletes are essentially employees of the teams they play for, right? And here’s another recent case in point of how...more

7/8/2014 - Athletes Social Media Sports

For The Love Of G-D, Don't Say You Love Me

We have come to this in our workplaces, in the lyrics of Annie Lennox: “No more ‘I love you’s.” Please enjoy today’s guest post from one of your employees: I have difficulty getting close to people. I have trouble...more

6/13/2014 - EEOC Employer Liability Issues Employment Policies NLRB Religion Religious Discrimination Social Networks

The Truth About As*holes

Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

6/12/2014 - Automotive Industry Corporate Counsel Employee Rights Hiring & Firing NLRA NLRB Obscenity Popular Protected Concerted Activity Section 7 Termination Trucking Industry

Data Breach Laws Continue to Come

Retail. Financial services. Health care. Energy. Not an industry has been spared when it comes to recent data and cyber breaches, and the colossal damage that occurs to the interests of the company, its employees, and third...more

6/10/2014 - Audits Cybersecurity Data Breach Data Protection Employer Liability Issues Hackers New Legislation Personally Identifiable Information Popular Privacy Laws Social Networks

Living With Others Thinking You're Fu*king Crazy

One of the issues we address in this blog is the notion that social media doesn’t necessarily create new claims, but rather serves as a quicker and easier platform to apply traditional claims that have existed forever. Take...more

5/9/2014 - Defamation Employment Policies Social Networks

Goodbye Precedent, Hello Forced Speech?

The NLRB continues to push for a share of the employment law spotlight. It also continues to act in a way that shows why its “precedent” is truly only “precedent” when the political winds don’t change. ...more

5/6/2014 - Email Email Policies Employee Rights Employer Mandates NLRB Section 7 Social Media Policy Social Networks Unfair Labor Practices

Another Federal Player in the Social Media Sandbox

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

4/8/2014 - Discrimination EEOC Employer Liability Issues Harassment NLRB Right to Privacy Social Media Title VII

Yes, Disclosures On Social Media Are Still Disclosures

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

3/24/2014 - Disclosure Social Media Young Lawyers

Developing a Corporate Strategy to Address Known Risks

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

3/24/2014 - Risk Assessment Risk Management

Announcing a Job Move on LinkedIn or Facebook - Breach of Contract or Fair Game?

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

2/21/2014 - Facebook LinkedIn Non-Compete Agreements Non-Solicitation Agreements Social Media

To Be Disrespectful Or Not To Be - That Is The Question

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

2/4/2014 - ADEA Civil Rights Act Employee Rights NLRB Protected Concerted Activity Title VII

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