News & Analysis as of

Text Messages Employer Liability Issues

Seyfarth Shaw LLP

Consent Orders Are Dead.

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Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

Ballard Spahr LLP

NLRB To End Practice of Consent Orders, Overruling UPMC

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In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ended the agency’s practice of approving “consent orders,” which permitted an administrative law judge to resolve an unfair labor practice case before...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

Stark & Stark

Employer Responsibilities: Addressing Inappropriate Text Messages and Protecting Against Sexual Harassment Claims

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Employers have a duty to investigate and take appropriate remedial action if an employee complains that another employee texted inappropriate pictures or messages, even if those text messages were sent after regular work...more

Constangy, Brooks, Smith & Prophete, LLP

Whose text is it, anyway? Maybe yours!

Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so? According to a federal judge in Texas, the answer to the first...more

Fisher Phillips

One Year Later: How the Evolving Work-from-Home Climate Prompts Reminders for Technology Best Practices

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Perhaps no COVID-19 phenomenon will have a more lasting impact than the virtual office. Many employers recently marked the first anniversary of the decision to ask their employees to work from home in an effort to combat the...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Farrell Fritz, P.C.

Texter Beware: Emojis As Evidence

Farrell Fritz, P.C. on

Imagine if the above emojis, casually fired off in a text message (or in an Instagram or Facebook post) to a friend or colleague, could be used against you as evidence of workplace harassment? Or if another combination of...more

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

A New Valentine’s Day Conundrum for Employers: Could Emoji Messages Amount to Harassment in the #MeToo Era?

It’s Valentine’s Day yet again, but this year the climate is different for employers. Between the #MeToo and #TimesUp movements, and the near-daily collapse of famous and powerful men (and some women) due to allegations of...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

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Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Fisher Phillips

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

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In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Seyfarth Shaw LLP

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

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Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

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The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Moore & Van Allen PLLC

Applications like WhatsApp are reshaping government investigations and should be refocusing how compliance departments handle...

White Collar, Regulatory Defense, and Investigations Client Update - In today’s high tech world, the ways to communicate are almost limitless. This presents risks for organizations and challenges for compliance...more

Cozen O'Connor

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

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This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Fisher Phillips

Texting For Business On Personal Cell Phones

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In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop...more

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