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Social Media › Discipline

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Segal McCambridge

Free Speech – Where Do We Draw the Line

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In recent times, headlines have been dominated by instances where students, professors, and professionals engaged in inflammatory, anti-Semitic, racist, sexist, and offensive language. The fallout has led institutions to...more

Roetzel & Andress

Appeals Court Upholds School’s Right to Discipline Student for Off-Campus Speech

Roetzel & Andress on

The U.S. Sixth Circuit Court of Appeals, which governs Ohio, Michigan, Kentucky, and Tennessee, in Kutchinski v. Freeland Community School District, 69 F.4th 350 (6th Cir. 2023), reaffirmed a public school district’s ability...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Clarifies Standard for School District Regulation of Off-Campus Speech

Tucker Arensberg, P.C. on

In J.S. by M.S. v. Manheim Township School District, 263 A.3d 295 (Pa. 2021), Pennsylvania’s highest court took a step toward clarifying the sticky issue of school districts’ ability to discipline students for off-campus...more

Fisher Phillips

Going Viral: Navigating Social Media within the School Community

Fisher Phillips on

Social media has transformed how we interact online and engage with our communities with the average person spending over six hours a day online. Since the start of the COVID-19 pandemic, we have seen an even greater increase...more

McDermott Will & Emery

Employers Grapple with Workers’ Off-Duty Behavior

McDermott Will & Emery on

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

Vinson & Elkins LLP

Abusive Communications Are Not Acceptable In The C-Suite Or On The Plant Floor

Vinson & Elkins LLP on

In recent weeks, because of the remoteness of our work forces, we have seen an increased incidence of abusive written communications between employees. It’s fair to say that we all have certain frustrations with our current...more

Dorsey & Whitney LLP

Quirky Question #279: Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

Zelle LLP

Discipline Based on Social Media Activity – An Update

Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Akin Gump Strauss Hauer & Feld LLP

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

Akin Gump Strauss Hauer & Feld LLP on

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

Fisher Phillips

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

Fisher Phillips on

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more

Littler

New Jersey Court’s Decision Provides Roadmap For Access To Employees’ Restricted Social Media Content

Littler on

With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

McNees Wallace & Nurick LLC on

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

The Volkov Law Group

The Dangers Of Social Media And Employee Discipline

The Volkov Law Group on

As if compliance officers do not have enough on their plates. I have written about this before – the risks of interfering with employees’ “protected activity” on social media. What a nightmare and what a maze of confusion!...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

Patterson Belknap Webb & Tyler LLP on

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

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