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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
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
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
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
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
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...
In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...more
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
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
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
Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more
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
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
For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more
On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more
Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013. Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the...more
During the holiday break, I did what many lawyers do (but will publicly deny): I watched a few ”bad” reality tv shows.
No, I didn’t watch “Here Comes Honey Boo-boo” (even I have my limits).
But on the Food...more
On December 12, the U.S. Court of Appeals for the Fifth Circuit held that the Stored Communications Act (SCA) does not apply to data stored in a personal cell phone and affirmed a district court’s grant of summary judgment to...more
On Friday, December 28, 2012, Michigan became the fourth state to ban employers from accessing password protected social media accounts....more
Along with the New Year comes new legislation. The prominent role of social media in our society has prompted some employers to require that employees and applicants provide user information and passwords to their social...more
As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect...more
With the start of the New Year, the laws of four states (Maryland, Illinois, California, and Michigan) prohibit employers from requiring job applicants or employees to grant access to their personal password-protected social...more
The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more
Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention.
In the rush to...more
In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more
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