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Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

The Cost of Poor Social Media Compliance Training? $3.5 Million

Did you know that a company loses an average of $3.5 million from one social media incident? Here is the breakdown: direct financial costs ($641K), reputation damage ($638K), lost revenue ($619K), reduction in stock price...more

Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that....more

Consent is Key for BYOD

With Black Friday behind us and holiday shopping still heating up, ‘tis the season when many of us will acquire new gadgets and technology to power our digitally-enhanced lives. For businesses, this time of year also means...more

NLRB: Employees Have Right to use Employer’s Email for Union Organizing if Other Non-Business Use is Permitted

Today, the National Labor Relations Board held that employees have a right to use their employer’s communications systems – including email – for protected activity during non-working time, unless the employer prohibits all ...more

NLRB Overturns Register Guard Decision Governing Employee Use of Employers’ E-mail Systems; Allows Use for Section 7 Activity by...

The National Labor Relations Board today overruled its Register Guard decision that generally prohibited employees from using their employer’s computers to engage in protected activity, and permitted employers to lawfully...more

Reputation Damage and Tone at the Top: Uber Scandal Underscores How Corporate Culture can Bring a Company to its Knees

Uber has had its share of public relations problems lately. From the taxi-alternative start-up’s drivers claiming they don’t make nearly as much money as they originally promised to none-the-wiser customers getting stuck with...more

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees

Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his...more

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

November 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

Quirky Question #246, iKnow where your iPad is

Our California company intends to provide iPads to all of our sales employees, but to make sure we can locate the iPads if they are lost or stolen, we plan to use the iPads’ GPS capabilities to track their locations. As an...more

ITALY: More liberal approach on monitoring of employees

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

Fake e-mail to other employees results in criminal mischief conviction

An Ontario employee has been convicted of criminal mischief after sending a fake e-mail to fellow employees, degrading another co-worker. The employee, apparently upset that the co-worker rejected his request that they...more

DOJ Requires Compliance with Voluntary Guidance for Website Accessibility - Website Operators: Be Aware of Efforts to Expand Legal...

The Department of Justice (DOJ) has announced a compliance review and subsequent settlement agreement with Ahold U.S.A. Inc. and Peapod, LLC – the owner and operator of peapod.com, an online grocery shopping website. The...more

Teach Appropriate Speech - Or risk liability for employees' derogatory on-line comments about customers

Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz -...more

10 Tips for Using Social Media during the Hiring Process

Many human resource professionals go beyond the use of traditional resumes, references and face-to-face interviews and turn to social media to gain additional insight into a candidate's qualifications and personality....more

Status Updates - November 2014 #6

That’s a lot of latte. It turns out that Starbucks—not a company in the mobile payments business—was the first company to make in-person payments by mobile phone mainstream. According to recent statements by the coffee...more

The Employment Law Authority - October/November 2014

In This Issue: - Employee Benefits. Recent IRS letter reminds employers about issues associated with offering “free” parking - State Round-Up. Learn about the latest employment law news in your state -...more

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already...more

iSpy: Tracking Employees with GPS Technology on Mobile Devices

More than 90 percent of the 322 million cellular phones in use in the United States contain global positioning system (GPS) tracking devices that allow wireless carriers to obtain continuous, highly accurate information...more

Texas Supreme Court to Weigh In on Shell Defamation Suit

The Texas Supreme Court recently agreed to hear Shell Oil Co.’s pending defamation case. Robert Writt, a former Shell employee, sued the company for defamation after Shell submitted a report to the Department of Justice about...more

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

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