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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 -
Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

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The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

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

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

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The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

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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

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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

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

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It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...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

Bradley Arant Boult Cummings LLP

When Bad Things Happen to Good Employers: 10 Crisis Management Tips

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Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis. Here are 10 things to think about as you prepare for a possible crisis: Where is your...more

Fisher Phillips

Look Out for LinkedIn: Top Questions for Employers on How the Platform Impacts Your Workplace

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LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

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May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

Constangy, Brooks, Smith & Prophete, LLP

Biting the hand that feeds you. Don’t bite back.

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You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more

Fox Rothschild LLP

Can an Employer Review Social Media Posts While Assessing Candidates?

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Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Akerman LLP - HR Defense

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

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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

Proskauer - Law and the Workplace

New York Employers Be Aware – Social Media Access Law Takes Effect

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New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law...more

Blank Rome LLP

2024 Brings Change for New York Employers

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LEGISLATION - This year brings significant legislative updates recently passed in New York that may impact your business operations. Three of these laws, and a recent Court of Appeals decision, introduce important changes...more

Miles & Stockbridge P.C.

New York Legislation Banning Employer Social Media Inquiries Takes Effect

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

Sheppard Mullin Richter & Hampton LLP

Safe for Work? New Social Media Privacy Law Affecting New York Employers Goes into Effect on March 12

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Beginning on March 12, 2024, a new social media privacy law for employees and job applicants goes into effect in New York. The new law will amend the New York Labor Law (the “NYLL”) to restrict most employers from accessing...more

Foley & Lardner LLP

Reminder — New York Social Media Privacy Protections Go into Effect March 12, 2024

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As we reported at the end of 2023, New York will soon join California, Colorado, Illinois, and a number of other states that protect employees’ and job applicants’ social media privacy. These protections are part of a bill...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

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Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Constangy, Brooks, Smith & Prophete, LLP

Preferred pronouns and the aging workforce

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What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more

Venable LLP

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

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“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more

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