Labor & Employment Communications & Media Intellectual Property

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NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft...more

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under...more

The Latest in Labor Law - New Handbook Rules for All Employers

The federal National Labor Relations Board (NLRB) is at it again. This time, the Board’s general counsel has issued a March 18, 2015, Report Concerning Employer Rules. The Report is a detailed document setting forth the...more

Social Media in the Context of Post-Employment Litigation

At the frontier of post-employment litigation is the issue of how to address social media contacts and communications. To date, while courts in other jurisdictions, such as California and Colorado, have passed on such...more

"Guidance" That Does Not Guide: NLRB General Counsel Issues Interpretations of Common Employee Handbook Policies

We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and...more

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

Can your social media contacts be a trade secret of your employer? Maybe.

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of...more

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). ...more

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

Want To Hear A Good Suggestion?

The “suggestion box” seemingly goes back to the dawn of time. In 2015, the cardboard carton, manila folder, or plastic shelf physically attached to the outside of the door has been replaced by the virtual, online suggestion...more

UPDATE-Second Bite of Apple, Court Approves $415 million High-Tech Giants Wage-Fixing Settlement

As discussed in my initial blog post on the topic, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down. And as discussed in my update, the Court rejected...more

Top 5 Legal Issues You Need to Consider When Implementing an Enterprise Social Network

The clue is in the names – Jive, Chatter, Yammer. Enterprise social networks (ESNs) are designed to help employees communicate and share information and ideas. ESNs have been around for a number of years, but are becoming...more

Fast Food Non-Compete Agreements?

Fast food is very secretive. Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices. Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held...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

Businesses Encouraged to Adopt Social Media Policies

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment....more

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade...more

Are LinkedIn Contacts The Employer's Trade Secrets?

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a...more

Is a LinkedIn Contact List a Trade Secret? Potentially, Yes

As a LinkedIn user, the decision concerning whether to share your entire list of connections with any individual connection can often implicate a number of strategic questions. As of May 2014, LinkedIn boasts 300 million...more

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...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

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

Bernstein Shur Business and Commercial Litigation Newsletter #41

We are pleased to present the 41st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent Supreme Court cases that address securities class actions, copyright law, and...more

Social Media - Love it or leave it?

Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

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