Should an employer have a written social media policy?
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Serving Legal Documents Through Social Media
Jaffe Sees 'A Lot' of IPOs in 2013 'Pipeline'
Corporate Law Report: U.S. Manufacturing, Social Media, Online Endorsements, Hart Scott Rodino, More
Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
In This Issue:
- Enforcing Oral Contracts: The Presumption is Against You
- You’ve Been Served... A Lawsuit Via Facebook?!?!
- Excerpt from Enforcing Oral Contracts: The Presumption is Against...more
In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement...more
There’s no doubt about it – Facebook is the 21st Century water cooler. Workers who used to gather in the break room to talk about the latest sports news, the newest outrageous celebrity scandal, or the latest office gossip...more
The interplay between an employee’s postings on Facebook and the impact of those postings on his or her employment status is an evolving area of the law. Just last month, the U.S. District Court for the Northern District of...more
As this blog has covered on a number of occasions, employee speech on Facebook, particularly if it is profane, vituperative or threatening, can lead to termination. A number of courts in recent months have grappled with the...more
A National Labor Relations Board (NLRB) administrative law judge recently held that while two employees’ Facebook discussions were concerted activity under the National Labor Relations Act (NLRA), the particular conduct at...more
As this blog illustrated recently, sentiments posted on Facebook, if sufficiently vulgar or offensive, can cause a person to lose his job.
The Seventh Circuit recently issued a decision analyzing whether a profane and...more
Though the First Amendment affords greater free speech protections for government employees relative to those in the private sector, the speakers do not have carte blanche to insult or deride whomever they see fit. Rather,...more
It is so easy to press that “like” button on a Facebook post by your best friend, your coworker, or your favorite company. In that quick second, it is unlikely that a person could contemplate all the potential legal and...more
In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more
Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more
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
Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more
In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more
In This Issue:
- Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies
- Manager's Bias, Public Policy, And Defamation...more
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
The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more
Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more
The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted...more
In This Issue:
- NLRB Protects Workers' Rights to Post About Job on Facebook
- 6 States Ban Companies from Asking for Social Media Passwords
- Health Law Requires Employers to Offer Family Care to All
Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more
The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more
In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more
In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments...more
On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more
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