News & Analysis as of

Employer Liability Issues Social Media Employment Policies

Perkins Coie

Ninth Circuit Rules Employers May Be Liable for Coworker Social Media Harassment Outside Workplace

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In a recent decision, the U.S. Court of Appeals for the Ninth Circuit soundly rejected the notion that employers may escape liability for unlawful harassment by arguing that the alleged harassment is limited to social media...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Seyfarth Shaw LLP

Personal Does Not Mean Private: Ninth Circuit Holds Personal Social Media Posts Can Constitute Workplace Harassment

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Seyfarth Synopsis: The Ninth Circuit has held that harassing conduct that takes place outside of the physical workplace can constitute workplace harassment....more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

Chartwell Law on

Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Ius Laboris

Handling criticism in the social media era

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In the era of social networks, organisations frequently find themselves dealing with risks to their image and privacy rights deriving from the use of these tools. ...more

Miles & Stockbridge P.C.

New York Legislation Banning Employer Social Media Inquiries Takes Effect

A New York law recently went into effect significantly limiting employers’ ability to make inquiries regarding employees’ personal social media accounts....more

Ius Laboris

Can employers monitor their employees’ social media posts?

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Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

Butler Snow LLP on

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

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Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Sheppard Mullin Richter & Hampton LLP

Tick-Tock – Time for Healthcare Employers to Review Their Internet and Social Media Use Policies!

A. Health Care Providers Benefit from Internet and Social Media Presence. Electronic medical record software and social media offer wide-ranging ways for health care providers to connect with their patients and the public....more

Troutman Pepper

Employer Justified in Terminating Employee Over Inappropriate Social Media Posts

Troutman Pepper on

Q: Can a private employer terminate an employee for social media posts that violate internal policies? ...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

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

McAfee & Taft

Facebook Messenger for FMLA leave requests? Maybe.

McAfee & Taft on

The attendance policy - Gestamp West Virginia, LLC manufactures auto parts in South Charleston, West Virginia. Under Gestamp’s attendance and leave policies, employees must notify their group leader at least 30 minutes...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

Husch Blackwell LLP on

Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

McAfee & Taft

Despite violating numerous workplace behavior policies, flight attendant wins initial day in court

McAfee & Taft on

A recent jury verdict against Southwest Airlines and Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media and the...more

Verrill

Supreme Leak: NLRA Rights

Verrill on

For blog followers, you likely saw last week’s post reminding you to revisit your confidentiality policies in the wake of the leaking of the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health, as well as our...more

Miller Nash LLP

Responding to a Crisis: How Human Resources Can Make Things Better, Not Worse

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Just as unforeseen site conditions can test a contractor’s problem-solving skills, unexpected events can test a construction-industry employer’s crisis-management readiness. Crisis can hit at any time, and individuals...more

Goldberg Segalla

Top 10 Tips for Reducing the Business Risks of Social Media Use

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1. If you use third-party organizations to search social media accounts of applicants, be sure to comply with the Fair Credit Reporting Act as well as state and local equivalent laws. ...more

The Volkov Law Group

Social Media, Employees and Reputational Risks

The Volkov Law Group on

Organizational risk does not exist in a vacuum – social forces have a direct and immediate impact on company risks, especially when it comes to employee conduct.  Social media has transformed our society, making information...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

FordHarrison

2021: A Progress Report

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I want to discuss how things go sideways in your workplace when people invest in conclusions that resist contrary explanations grounded in reality. If you have an employee who follows QAnon, you don’t necessarily have a...more

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