News & Analysis as of September 21, 2024

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

#No Filter: Terminating an Employee for Social Media Posts

Cozen O'Connor on 4/25/2019

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Fight Over Virginia Tech Sportswriter's Twitter Account: Who Owns Employees' Social Media Accounts?

Womble Bond Dickinson on 8/8/2018

Andy Bitter was a sportswriter for the Roanoke Times covering Virginia Tech football. He recently announced on Twitter that he was leaving the Roanoke Times and would become the VT beat writer for The Athletic, a...more

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

FordHarrison on 6/6/2018

Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on 6/5/2018

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct

Akerman LLP on 4/10/2017

Matt welcomes Angela Corridan, Director of Labor & Employment Law for JetBlue Airways Corporation, and Ron Palmese, General Counsel for Shake Shack, to generally discuss both employees' and employer's increased social and...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

“Like” it or Not? Tips for Addressing Employee Social Media Use

Obermayer Rebmann Maxwell & Hippel LLP on 10/15/2015

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Delaware Adds to Growing Patchwork of Social Media Laws

Proskauer - Law and the Workplace on 8/11/2015

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Littler on 6/18/2015

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Connecticut Governor Signs New Social Media Privacy Legislation

Seyfarth Shaw LLP on 6/1/2015

As we have frequently reported in this blog, social media privacy issues increasingly permeate the workplace. For example, earlier this year, Montana and Virginia joined a growing number of states in enacting laws...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Baker Donelson on 5/20/2015

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

Akin Gump Strauss Hauer & Feld LLP on 4/28/2015

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2014

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

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