Labor & Employment Law, Communications & Media Law, Constitutional Law

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

by JD Supra Law News on 1/31/2013

Our latest Corporate Law Report looks at: - top ways to manage cyber risks in the workplace; - the growing trend of employees bringing their own electronic devices (BYOD) to work; - new reporting requirements as a result...more

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

by Travis Crabtree | Looper Reed & McGraw, P.C. on 1/29/2013

Much has been written about whether you can fire someone for what they put on Facebook. Your gut reaction may be that surely if someone talks bad about the company, you can fire them. The National Relations Labor Board...more

Employers Can Discipline Employees For Certain Social Media Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more

Federal Courts Continue Grappling With Privacy Issues And Employee Communications

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/5/2013

The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the...more

Court of Appeals Rules Employee Efforts To Take Over Editorial Control At Newspaper Unprotected By NLRA

by Mark Theodore | Proskauer - Labor Relations on 12/20/2012

An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more

Public University Lawfully Terminated HR Vice President Who Published Op-Ed Insensitive To Homosexuals

by Brian J. Kurtz | FordHarrison on 12/19/2012

The University of Toledo terminated an Associate Vice President for Human Resources after she wrote an op-ed column arguing that homosexuals could choose their sexual orientation and thus were not entitled to the same...more

Freedom of Speech in Social Media – UK Employee Unlawfully Demoted for Christian Gay Marriage Facebook Posts

by Brad Hillson, Nicola Whiteley | Orrick - Global Employment Law Group on 12/12/2012

In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract claim against his housing trust employer (the “Trust”)....more

NLRB Is Finding Ways To Implement Its Employee Rights Notice Posting, In Spite Of Legal Challenges

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/1/2012

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more

Why Every Employer Needs a Social Media Policy

by Jaburg Wilk on 8/22/2012

In 2012, most employers are engaging the public with social media sites such as Facebook, LinkedIn and Twitter. These social media sites can be cost effective ways to generate new business in a world where people spend more...more

Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees

by Field Law on 6/26/2012

With the proliferation of social media sites such as blogs, Facebook, and LinkedIn, and their increasing prominence in the business realm, it is not surprising that employers have begun to access the information posted on...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 3 -- June 2012

by Morrison & Foerster LLP on 6/6/2012

In This Issue: Lawmakers Rush to Ban Employers From Demanding Facebook Passwords; California Provides Social Media Guidance for Financial Institutions; What’s Not to "Like"? Facebook Usage and the First Amendment; New...more

You Can Be Fired for a Facebook “Like”

by Lawyers.com on 5/3/2012

If you want to keep your job, don’t “like” someone on Facebook who is an opponent of your boss. In a decision that affects free expression on social media, a federal judge ruled that there’s no First Amendment protection for...more

Regulate employee technology use without becoming a target

by Lane Powell PC - Labor & Employment Law on 3/27/2012

Throughout the digital workplace, email, social media and text message communications frequently yield the “smoking gun” evidence that results in employment claims against employers. Many employers seek to limit their...more

I Know What You Did Last Night: Employer GPS Monitoring

by Sands Anderson PC on 2/21/2012

The US Supreme Court ruled last month that a warrant is required for police to track a suspect with a GPS device, or the search violates the Fourth Amendment’s protection from unreasonable searches. Many...more

Socially Aware: The Social Media Law Update - Vol. 2, Issue 2 - April 2011

by Morrison & Foerster LLP on 4/29/2011

In this issue: FTC Charges Google With Deceptive Practices; California District Court Holds Facebook Posts Subject to CAN-SPAM Act; Ninth Circuit Takes Sides in Battle Over Terms of Use in World of Warcraft Case; New Charge...more

"Citizens United": The Supreme Court Decision One Year Later

by Davis Wright Tremaine LLP on 1/24/2011

The Supreme Court issued its landmark opinion in Citizens United v. FEC one year ago today. That case allowed corporations and labor unions to make independent expenditures for or against political candidates. An editorial in...more

Social Media Policies for Employers: A Few Notes on the NLRA

by Dickinson, Mackaman, Tyler & Hagen, P.C. on 12/10/2010

In a December 9 post on Erickson’s Social Networking Law Blog, Dickinson attorney Megan Erickson discussed recent action by the National Labor Relations Board, pointing out that employees’ Facebook posts or other online...more

NLRA May Protect Your Employees' Facebook Rants (Regardless of Union Status!)

by Dickinson, Mackaman, Tyler & Hagen, P.C. on 12/9/2010

The National Labor Relations Board recently accused an employer of engaging in unfair labor practices when it fired an employee who complained about her supervisor on her personal Facebook page. Although this complaint has...more

Social Networking from 9-5: Unique Legal Challenges Facing Employers

by Venable LLP on 9/21/2010

Seminar Overview: *Tools of the Trade *Why employees use social media *Why you should be concerned that employees use social media *Best practices for drafting and implementing a social media...more

Navigating the Information Superhighway: Understanding the Impact of Social Media In the Workplace

by Winthrop & Weinstine, P.A. on 9/14/2010

In This Publication: *Potential Legal Exposure Due to Employee Use of Social Media ..How To Minimize Risk To Your Company *Can An Employer Monitor Social Media Content of Its Employees *Potential Liability for...more

E-mail, Texting and Privacy Rights in the Workplace

by Dinsmore & Shohl LLP on 7/2/2010

This article was originally published in the Westlaw Journal Telecommunications Industry Report I do it. You do it. Virtually everybody does it. The "it" is using your computer at work, or your company-issued cell phone,...more

Supreme Court Issues Highly Anticipated City of Ontario v. Quon Decision

by McNees Wallace & Nurick LLC on 6/22/2010

On June 17, 2010 the United States Supreme Court issued the highly anticipated decision City of Ontario v. Quon. The case was closely watched by many in the human resources and employment law spheres because it was thought...more

U.S. Supreme Court Upholds Employer’s Inspection Of Employee’s Text Messages—City Of Ontario V. Quon

by Wilson Sonsini Goodrich & Rosati on 6/21/2010

On June 17, 2010, the United States Supreme Court issued its opinion in the closely watched case City of Ontario v. Quon. Before the Court was the question of whether a public-sector employer violated an employee’s Fourth...more

U.S. Supreme Court Upholds Employer’s Inspection of Employee Text Messages

by Morrison & Foerster LLP on 6/21/2010

This morning, the United States Supreme Court issued its opinion in the closely watched matter of City of Ontario v. Quon.1 This case raised the question of whether a public-sector employer violated an employee’s Fourth...more

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Labor & Employment Law › Communications & Media Law › Constitutional Law

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

Employers Can Discipline Employees For Certain Social Media Activity

Federal Courts Continue Grappling With Privacy Issues And Employee Communications

Court of Appeals Rules Employee Efforts To Take Over Editorial Control At Newspaper Unprotected By NLRA

Public University Lawfully Terminated HR Vice President Who Published Op-Ed Insensitive To Homosexuals

Freedom of Speech in Social Media – UK Employee Unlawfully Demoted for Christian Gay Marriage Facebook Posts

NLRB Is Finding Ways To Implement Its Employee Rights Notice Posting, In Spite Of Legal Challenges

Why Every Employer Needs a Social Media Policy

Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 3 -- June 2012

You Can Be Fired for a Facebook “Like”

Regulate employee technology use without becoming a target

I Know What You Did Last Night: Employer GPS Monitoring

Socially Aware: The Social Media Law Update - Vol. 2, Issue 2 - April 2011

"Citizens United": The Supreme Court Decision One Year Later

Social Media Policies for Employers: A Few Notes on the NLRA

NLRA May Protect Your Employees' Facebook Rants (Regardless of Union Status!)

Social Networking from 9-5: Unique Legal Challenges Facing Employers

Navigating the Information Superhighway: Understanding the Impact of Social Media In the Workplace

E-mail, Texting and Privacy Rights in the Workplace

Supreme Court Issues Highly Anticipated City of Ontario v. Quon Decision

U.S. Supreme Court Upholds Employer’s Inspection Of Employee’s Text Messages—City Of Ontario V. Quon

U.S. Supreme Court Upholds Employer’s Inspection of Employee Text Messages

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

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