News & Analysis as of

Social Media Policy

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

Way to Get Fired Number 4,527: Posting A Picture of Yourself Flipping Off the President

In a prior blog post, we discussed whether a private employer can terminate an employee for protesting. This week, we have another example of “off-duty employee” conduct that may result in them standing in the unemployment...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Day 3 of One Month to 360-Degrees of Communications in Compliance-The D&B Experience

by Thomas Fox on

How does one company and one Chief Compliance Officer (CCO) actively use social media to make more effective the company’s compliance culture? The company is the Dun & Bradstreet (D&B) and its CCO, Louis Sapirman, whom I...more

Federal Court Holds That Banning a Commenter From a Public Official’s Public Facebook Page Violates the Commenter’s Right to Free...

by Tucker Arensberg, P.C. on

Davison v. Loudoun County Bd. of Supervisors, 1:16CV932 (JCC/IDD), 2017 WL 3158389 (E.D. Va. July 25, 2017). The District Court for the Eastern District of Virginia issued a declaratory judgment holding that an elected...more

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

by Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Technology Policies Protect The Company and its IP

A computer and technology policy is an important part of protecting and managing intellectual property. A business should consider establishing a policy that addresses the following points...more

Illinois takes the lead on employee privacy: What employers need to know

by Thompson Coburn LLP on

When it comes to employee privacy protection, employees in the United States generally do not have a right to privacy in their workplace. By contrast, members of the European Union recognize employee rights to privacy and...more

Arizona Employers Need to Update Employee Handbooks

by Jaburg Wilk on

Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

by Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Senate Confirms Trump NLRB Nominee

As you may recall, we recently wrote about President Trump’s nominating William Emmanuel and Marvin Kaplan to fill the vacant seats on the National Labor Relations Board (“NLRB”). If confirmed by the U.S. Senate, these...more

Use Caution when Monitoring Comments on Your School’s Social Media Page

by Franczek Radelet P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

United we stand. But lawfully.

by Seyfarth Shaw LLP on

Trade union conduct is constantly changing, and our team have observed trends that are reshaping the boundaries, and that have already begun to impact our clients....more

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

by Franczek Radelet P.C. on

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets....more

Avoiding Claims of Race, Religious, or National Origin Discrimination in the Current Political Climate

by Fisher Phillips on

Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more

Trump’s NLRB Picks Advance in the Senate

As you may recall, we recently wrote about President Trump nominating William Emmanuel and Marvin Kaplan to fill the vacant seats on the National Labor Relations Board (NLRB). If confirmed by the U.S. Senate, these candidates...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

by Dorsey & Whitney LLP on

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Trump NLRB Appointments May Result in Reversals of Multiple Labor Decisions

Last week, President Trump named his final appointee to the National Labor Relations Board (NLRB), giving Republicans a majority of the board’s members. Over time, this majority is likely to reverse a number of controversial...more

Social media-related dismissal held by an Employment Tribunal to be fair

by Dentons on

In Plant v. API Microelectronics Ltd, the Employment Tribunal (ET) has held that the dismissal of a long-serving employee was fair, after she had made derogatory comments over social media about her employer. This decision...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Health Care E-Note - June 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

Labor & Employment E-Note - June 2017

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the ever changing landscape of issues presented by the social media usage of their employees. Please see full E-Note below for...more

Employees’ Social Media Activity: Proceed with Caution

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...more

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