News & Analysis as of September 23, 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 -

Internet Job Postings Pose Legal Perils for Employers

Parker Poe Adams & Bernstein LLP on 1/3/2020

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on 9/13/2019

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

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

Nilan Johnson Lewis PA on 1/21/2019

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more

Help Wanted: How Your Online Job Advertisements Could Be Considered Age Discrimination

Miles & Stockbridge P.C. on 1/24/2018

More and more employers are seeking employees on the internet through targeted advertisements on Facebook. Employers can target these advertisements to certain users based on age, location, interests, experience, among other...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on 11/13/2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Employment Law Navigator – Week in Review: April 2016 #4

Zelle LLP on 4/26/2016

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

Franczek P.C. on 10/29/2015

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on 10/29/2015

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

Faegre Drinker Biddle & Reath LLP on 10/28/2015

On October 21, 2015, the Second Circuit upheld the National Labor Relations Board’s (NLRB) earlier ruling that clicking the Facebook “Like” button can be protected concerted activity. The Triple Play Sports Bar & Grill fired...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

Intellectual Property Bulletin - Spring 2015

Fenwick & West LLP on 6/23/2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Allen Matkins on 5/12/2015

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor...more

NLRB determines vulgar Facebook posts protected concerted activity

Robinson & Cole LLP on 4/21/2015

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

Franczek P.C. on 3/25/2015

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

Cybersecurity in the Workplace: Obama's Proposals and More

Baker Donelson on 1/28/2015

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

Facebooker–Good Citizen or Fired?

Sherman & Howard L.L.C. on 1/27/2015

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

BakerHostetler on 11/11/2014

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

NLRB Holds That Discharge of Employees for Facebook Conversation Was Unlawful

Bond Schoeneck & King PLLC on 9/11/2014

On August 22, 2014, the National Labor Relations Board (“NLRB”) issued companion decisions in Three D, LLC d/b/a Triple Play Sports Bar and Grille, holding that the employer violated the National Labor Relations Act (“NLRA”)...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

More Reasons for Employers to "DISLIKE" Facebook

Nossaman LLP on 8/28/2014

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

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