Communications & Media Administrative Agency Labor & Employment

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To Fire or Not to Fire for Employee’s Social Media Posts

After watching the firing of the digital communications manager for the Houston Rockets during their run through the playoffs (read the story here in the Houston Chronicle).  I figured it would be a good time to revisit the...more

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

NLRB determines vulgar Facebook posts protected concerted activity

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

OSHA Announces Request for Information on Communication Tower Safety

On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry...more

Can You Lawfully Prohibit Secret Recordings in the Workplace?

It is a safe bet that most if not all of your employees own a mobile or smart phone. It is also a safe bet that those phones have the capability of capturing pictures, taking video and recording conversations. ...more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

Alert: FCC Continues Aggressive Action on Data Breaches

As noted in previous alerts, the FCC has dramatically increased its enforcement of data security practices and breaches resulting from what the FCC considers to be inadequate security measures. ...more

Applications like WhatsApp are reshaping government investigations and should be refocusing how compliance departments handle...

White Collar, Regulatory Defense, and Investigations Client Update - In today’s high tech world, the ways to communicate are almost limitless. This presents risks for organizations and challenges for compliance...more

SEC Brings First Action Against Company for Potentially Stifling Whistleblowers With Confidentiality Statement

The Securities and Exchange Commission recently charged KBR, Inc., a Delaware corporation specializing in technology and engineering, with a Rule 21F-17(a) violation for using language in employee confidentiality statements...more

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

Social Media Policies Revisited: The Facebook “Like” As Protected Activity

The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on...more

Board Continues Aggressive Policing of Employee Social Media Use

Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....more

NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board's Web Site

The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a...more

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more

Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,...more

Antisocial Media - Union Not Liable For Threatening Facebook Posts

Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin [Video]

Mitch Danzig, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the importance of having a social media policy that is structured in accordance with the recent NLRB rulings. ...more

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more

Top Issues for Employers in 2013: Social Media & Independent Contractors

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012... ...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Labor & Employment E-Note - January 2013

In This Issue: - NLRB Protects Workers' Rights to Post About Job on Facebook - 6 States Ban Companies from Asking for Social Media Passwords - Health Law Requires Employers to Offer Family Care to All - Fiscal...more

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

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