Labor & Employment Communications & Media Education

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Does NC Law Prohibit Employers From Acting on Drunk Facebook Behavior?

In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more

Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices....more

Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers. Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the...more

The National Labor Relations Board: 2014 Year in Review - The NLRB's Expansion of Employee Rights Under the National Labor...

In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...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Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC.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

Status Updates - October 2014 #9

Court spanks parents. In a landmark decision, the Georgia Court of Appeals ruled in Boston v. Athearn that parents can be held responsible for the social media activities of their kids. The case involved a seventh-grade boy...more

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more

10 Tips for Creating an Effective Social Media Policy

A controversial tweet posted by a Kansas University professor last fall in response to the shootings at the Navy Yard in Washington, D.C. resulted in the Kansas Board of Regents’ adoption of a revised social media policy. The...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement...

It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida...more

Update on Social Media Legislation in Maine

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as...more

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more

Illinois Supreme Court Strikes Down Amendment to Illinois Public Labor Relations Act

As I mentioned earlier this week in discussing Performance Marketing, the Illinois Supreme Court has been a somewhat cool audience over the past ten years for constitutional claims. That’s why it was mildly surprising late...more

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

Will Oregon's Manufacturing Employers Be Prohibited From Demanding Social Networking Login Passwords from Job Applicants?

Senate Bill 499, introduced by three Oregon Senators on February 7, 2013, would prohibit employers and universities, both public and private, from requiring applicants to turn over passwords to their personal social...more

New State Laws Prohibit Employers and Academic Institutions from Requesting Usernames and Passwords to Monitor Social Media...

An increasing number of states are passing laws that prohibit employers and academic institutions from requesting or requiring employees, job applicants, students, and prospective students to turn over their social media...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

Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

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

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

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

An Eye-Opening Termination Of A Former Lingerie Model

A former lingerie model turned high school guidance counselor has sued the New York City Department of Education (“DOE”) for discrimination and wrongful termination after being fired when Internet photos surfaced of the...more

Do's and Don'ts of Company Social Media Policies

This article addresses the purpose of social media policies for employers in California and provdes tips and recommendations for how to formulate an effective policy for their employees....more

The Importance Of Accurate Time/Hours Records In The Social Media Age

Just because it’s that I-Can’t-Believe-There’s-One-Week-Left-In-August time of year, doesn’t mean there isn’t some fun and exciting law coming down the pike. An important decision was issued this month by the Second Circuit...more

Social Networking Policies For School Employees

In our April 2011 issue, we discussed strategies for schools to limit their exposure to liability stemming from employees' off-campus interactions with students. School employees' participation in online social networking,...more

Oh, the humanity! Stupidity rules in social media and employment

H.L. Mencken once said, "No one in this world, as far as I know . . . has ever lost money by underestimating the intelligence of the great masses of the plain people." Being a "small d" democrat and believing that stupidity...more

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