News & Analysis as of

Facebook Family and Medical Leave Act (FMLA)

Haynsworth Sinkler Boyd, P.A.

Facebook Messenger & The FMLA

The Fourth Circuit Court of Appeals (which governs South Carolina) wrote in a recent case (called Roberts here) that an employee’s message to his supervisor over Facebook messenger might be enough to put the Company on notice...more

Parker Poe Adams & Bernstein LLP

Does a Facebook Message Satisfy FMLA Notice Requirements?

On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Franczek P.C.

Employers, Facebook can be your friend!

Franczek P.C. on

Our past alerts on social media issues typically center on NLRB and court decisions that are not always favorable to employers. A recent arbitration decision, however, highlights that Facebook may provide an employer with the...more

Mintz - Employment, Labor & Benefits...

Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims

Ah, the tell-tale signs of March are here. The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run. Unfortunately, most teams won’t be so...more

Franczek P.C.

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

Franczek P.C. on

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

Zelle  LLP

That is SO last week - October 2015 #4

Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Zelle  LLP

That is SO last week - October 2015 #2

Zelle LLP on

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Zelle  LLP

That is SO last week - August 2015 #3

Zelle LLP on

Last week, The New York Times reported on Amazon’s “bruising workplace” and described Amazon’s theory that “conflict brings about innovation.” According to the article, Amazon employees are encouraged to criticize each other,...more

Obermayer Rebmann Maxwell & Hippel LLP

New Netflix Original: “Unlimited” Parental Leave

Netflix, a pioneer in on-demand internet streaming, is well-known for its “Netflix Original” series—and has recently added “unlimited” parental leave to its line-up. On Tuesday, August 4, 2015, Netflix announced a new...more

Constangy, Brooks, Smith & Prophete, LLP

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

Fenwick & West LLP

Fenwick Employment Brief - November 2014

Fenwick & West LLP on

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

Fisher Phillips

Healthcare Update, No. 2, May 2013: Facebook Foils FMLA Faker

Fisher Phillips on

The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

Fenwick & West LLP

Fenwick Employment Brief - February 2013

Fenwick & West LLP on

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Foley & Lardner LLP

Employee’s Facebook Fumble Dooms Her FMLA Claims

Foley & Lardner LLP on

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

Levenfeld Pearlstein, LLC

2013 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking in order to measure their readiness for the coming year. We hope that you find this...more

Littler

An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

Littler on

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case...more

Franczek P.C.

Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims

Franczek P.C. on

Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee has engaged in FMLA fraud. ...more

Cozen O'Connor

Candid Camera? Not So Much

Cozen O'Connor on

A picture tells a thousand words. Some of you remember “Candid Camera”, the original reality show that aired in the 1960s and came back for subsequent reruns, where people were recorded reacting to strange and often...more

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