News & Analysis as of September 19, 2024

Employer Liability Issues

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

Employer Response Tips From Firing Suit Over Birdwatcher

Bradley Arant Boult Cummings LLP on 10/14/2022

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

Employees Verifying Customers’ Vaccination Status! New Risks and Practical Suggestions

Fox Rothschild LLP on 11/12/2021

Restaurants, bars and nightclubs in some of the most populous cities and counties in California must now verify that customers are fully vaccinated for COVID-19 before allowing them in. The requirements potentially place...more

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Butler Snow LLP on 11/4/2020

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Can Employees Face Disciplinary Action For Their Social Media Posts?

Fox Rothschild LLP on 6/16/2020

Social media has long been an outlet for expression. With the current COVID-19 pandemic, the upcoming elections and the protests surrounding police brutality and racial injustice, social media has been an instrumental...more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

Obermayer Rebmann Maxwell & Hippel LLP on 8/23/2017

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

The Pros and Cons of Social Media in Job Screenings

Pullman & Comley, LLC on 3/29/2017

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

10 Considerations for Planning the 2016 Office Holiday Party

Littler on 12/6/2016

The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

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

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

That is SO last week - July 2015 #4

Zelle LLP on 7/27/2015

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

That is SO last week - July 2015 #3

Zelle LLP on 7/21/2015

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

Butler Snow LLP on 9/10/2014

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Social Media Strikes Back! The Impact of Off-Hours Communications with Employees on Claims of Discrimination

PilieroMazza PLLC on 8/22/2014

How many of us have stared at a Facebook friend request from a boss or co-worker and wondered if clicking “accept” was a good decision? I know I’ve wondered if I really want my boss to know how many tattoos my sister has or...more

Social Media: Friend or Foe?

Baker Donelson on 4/17/2014

Social media can be a powerful tool for employers when facing litigation, but it can also expose employers to liability when used to make employment decisions, especially when it comes to hiring new employees. For example,...more

Another Federal Player in the Social Media Sandbox

Cozen O'Connor on 4/8/2014

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

Top New Jersey Legal Developments - January 2014

Proskauer Rose LLP on 1/13/2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

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