My article analyzes a recent NLRB decision which found that the employer violated Section 8 (a) (1) of the National Labor Relations Act by firing five employees for responding to another employee's criticism of their work…more
Mr article analyzes a recent NLRB Advice Memorandum regarding Cox Communications' social media policy. The NLRB found that their social media policy was lawful becasue it met its two step analysis in determining whether the…more
My article discusses a recent NLRB decision, 24 Hour Fitness USA, Inc and Alton J. Sanders, where an NLRB Administrative Law Judge, William J. Schmidt found that 24 Hour Fitness maintained and enforced an unlawful arbitration…more
My article discusses a recent NLRB case, Banner Health Systems, where the Board found that a blanket confidentiality policy regarding internal investigations violated Section 7 of the National Labor Relations Act. The NLRB has…more
My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to…more
My article analyzes two recent NLRB decisions regarding Workplace Social Media Policies, It argues that: Employers need to strike a balance by expressly forbidding harassing and discriminatory behavior in their policies, while…more
My article discusses the ramifications of President Obama's recent Executive Order allowing certain undocumented immigrants, who would have qualified for the Dream Act, which Congress has refused to pass for several years, to…more
The California Supreme Court’s decision in Sullivan v. Oracle Corporation, No. S170577 on June 30, 2011 shot a tremor down the halls of companies sending employees to work in California. The ramifications for wage-and-hour…more
With the coming of Watson—I.B.M.’s new synthetic Jeopardy! contestant—jobs that require discretion and independent judgment may become a relic of the pre-digital age. This forecast may only exacerbate the…more
According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of…more
In light of rapid developments in labor law surrounding social media, employers and
their counsel must know how to distinguish between "protected concerted activities"
and other employee communications. Indeed, it wouldn't hurt…more
The pen has become even mightier since Facebook and its kin stepped into the courtroom.
Today, courts consider social media posts to be beyond the purview of the right of privacy - and fully admissible in court. Now, with the…more
Ever-increasing connectivity has blurred the distinction between personal time and
company time. Electronic communication has become routine at work and at home.
For some it is now required. Employment and tort law have not yet…more
Identifying workers as independent contractors is a precarious undertaking. Many
employers believe that labeling a worker an "independent contractor" will end the
classification inquiry. The inquiry, however, will reach beyond…more
There is a growing danger in the workplace for employers and employees alike: Facebook
and its brethren. Technology is constantly evolving, far more rapidly than privacy
jurisprudence, which comparatively stumbles along like a…more
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