Communications & Media Labor & Employment

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A NLRB Decision Employers Will Not "Like"

On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act....more

NLRB Holds That Discharge of Employees for Facebook Conversation Was Unlawful

On August 22, 2014, the National Labor Relations Board (“NLRB”) issued companion decisions in Three D, LLC d/b/a Triple Play Sports Bar and Grille, holding that the employer violated the National Labor Relations Act (“NLRA”)...more

The ethics of "women only" catered businesses - gender discrimination

Can a business gender discriminate? Is that ethical? New York is what I call "taxi town". There's more taxis than personal cars. Much like London and their Black Cabs flying past in the opposite direction. NY offers...more

Reading the NLRB Signs at the Triple Play Sports Bar

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted...more

Week in Review

Some popular online services made legal headlines this week. After years of litigation, a federal appeals court held that Yelp did not extort businesses by manipulating user reviews to coerce advertising purchases. While Yelp...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

#Insurance Coverage for Emerging Social Media Risks

There are 1.3 billion people on Facebook, half a billion “tweets” every day, and countless other ways to communicate that did not even exist five years ago. In response to this social media revolution, smart companies are...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

Status Updates - August 2014 #12

..What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor...more

Facebook "Like" Button - Protected Activity? It Depends on What You "Like"!

In an ever expanding arc of decisions that extends the NLRA’s protections to a wide range of employee conduct – both on-and off-duty, and in union and non-union settings alike – the NLRB last week decided that merely clicking...more

Week in Review

The National Labor Relations Board continues to focus on employer social media policies and employee discipline for online activity. In a ruling this week involving Triple Play Sports Bar & Grill, the Board concluded that...more

More Reasons for Employers to "DISLIKE" Facebook

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

NLRB Protects Facebook "Like" and Signals Standard for Analyzing Social Media Posts

An employer violated the National Labor Relations Act ("NLRA") by discharging two employees for participating in a Facebook posting by a former employee, according to the National Labor Relations Board ("NLRB"). One of the...more

Protecting Your Employees (And Your Company's Image) Online

The best and most effective way an employer can combat social media-focused harassment is through education and training on what behavior the company will and will not find acceptable....more

Re-Claiming Credit

When an employee leaves and sets up a competing business, may he or she claim experience for work done by the former employer? The Seventh Circuit recently considered whether an architect – a former employee of a firm – is...more

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post...more

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

Social Media Policy: It’s Only As Effective as the Social Media Training That Goes With It

With the rise of the internet and mobile technology, people are broadcasting their opinions and beliefs on social media sites. Twitter was established as an outlet for self expression… of the fewer-than-...more

MVPD Annual EEO Program Reports and SIS Responses Due Sept. 30, 2014

The FCC’s equal employment opportunity (“EEO”) rules for multi-channel video program distributors (“MVPD”) require MVPD employment units with six or more full-time employees to file an Annual EEO Program Report, FCC Form...more

Australia's proposed spy law perceived as Governmental Mismanagement

Buzzing through the social media sphere yesterday was the story about how a proposed new bill would see potential whistleblowers facing up to 10 years in prison for leaks. So after lifting my jaw up off the floor, I thought...more

Going Mobile: The Risks and Rewards of a BYOD Program

Employees are increasingly using their personal electronic devices, such as laptops, smartphones, and tablets, for work purposes. The trend, dubbed “Bring Your Own Device” or “BYOD,” has redefined what it means to “be at...more

10 Popular Reads at the Intersection of Social Media & the Law

A recap of well-read updates at the intersection of social media and the law, covering the first half of July on JD Supra....more

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