Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more
8/30/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Confidential Information ,
Corporate Counsel ,
Disparagement ,
Employee Handbooks ,
Facebook ,
False Statements ,
Fast-Food Industry ,
Logos ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Restaurant Industry ,
Section 7 ,
Social Media ,
Social Media Policy ,
Trademarks ,
Twitter
Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more
10/30/2015
/ Administrative Law Judge (ALJ) ,
Blogging Platforms ,
Employment Policies ,
Facebook ,
NLRA ,
NLRB ,
Online Platforms ,
Popular ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks ,
Starbucks
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more
6/18/2015
/ Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
New Legislation ,
Passwords ,
Popular ,
Privacy Laws ,
Social Media ,
Social Media Policy ,
Young Lawyers
On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more
With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more
Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating...more
Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more
5/14/2014
/ Corporate Counsel ,
Electronic Communications ,
Electronic Devices ,
Employee Rights ,
Employer Liability Issues ,
New Legislation ,
Privacy Laws ,
Privacy Policy ,
Right to Privacy ,
Social Media ,
Social Networks ,
Workplace Investigations
The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more
On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more
With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more
The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more
Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more
Introduction -
Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more
On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more