Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more
Yesterday began this series of five posts to highlight five developments from this past summer in the area of social media and employment law....more
In some respects, the summer of 2013 seemed long. In others, it feels as if Memorial Day and the early June heat wave were only yesterday. But just because this blog went on a brief summer hiatus doesn't mean the world of...more
What a quagmire we find ourselves in. Actually, that the NLRB finds itself in. Although continuing to issue rulings and advice memoranda in a sort of free- and unfettered-looking way, the question of the NLRB’s authority to...more
Have we finally reached the point where employees not only accept, but actually like when their employers monitor their computer activities? Really? Well, maybe “like” is a bit of a stretch still, but employees have...more
What is in a number? In particular, the number 9? Does it mean anything to you, or symbolize anything in particular?
Even the most basic research reveals...more
Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more
Let’s first dispense with the opening hook by asking: Was Rutgers University acting “chicken” when it (finally?) chose to fire Coach Mike Rice only after public outrage over events that took place last year? Whether or not...more
The NLRB continues to issue decisions about whether an employer can lawfully terminate employees based on social media activity, and whether workplace policies violate the law protecting employees’ rights to engage in...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
Pro-actively drafting cybersecurity policies and protocols is like doing a will for yourself, or an employee manual for your company. The thought process is that there is nothing imminently pressing that requires me to think...more
On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years. The New York minimum wage had been the same as the federal level...more
The New York City Council continues to grow the chasm that exists between New York City employment law and its state and federal counterparts. Specifically, on March 13, 2013, the council overwhelmingly enacted (by a 43-4...more
I trust that, of all the social media and employment law issues we discuss, you are most sick of hearing about the legislative efforts to prohibit Facebook password demands by employers. Or you just don’t care. Or you still...more
I ended 2012 as I have the past couple of years, highlighting my view that, while technological advances are great in many respects, it’s still the inter-personal relationships that lead to success in our professional and...more
Wow. Front page of the New York Times Business Section. This stuff must be important.
Steven Greenhouse authored a piece in yesterday’s Times, in which he summarizes the lay of the land with social media and the...more
Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions.
What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more
Happy New Year. So much has happened while you spent the holidays undoubtedly velobinding and wrapping the 2012 archives of this blog for your friends and loved ones. So I thought I’d welcome everyone back by updating some...more
In This Issue:
- Message from the Chair
- A Second Obama Administration’s Impact on Labor and Employment Issues
- Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more
1/1/2013
/ Affordable Care Act ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hurricane Sandy ,
Immigration Reform ,
NLRB ,
OSHA ,
Same-Sex Marriage ,
Social Media ,
USERRA ,
Wage and Hour
Though we are only weeks past a rather monumental presidential election, I am nevertheless reminded of that election campaign twenty years ago when Bill Clinton coined the phrase “It’s the economy, stupid”. Well, the economy...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2013. But it is also the time to look back at all that has happened in 2012. Rather than simply give you links to all of the stimulating...more
12/26/2012
Well, your company is certainly not intending for it to be a sexual holiday party. But, truth be told, it wouldn’t be the first story of an off-site end-of-the-year holiday shindig (with complimentary alcohol) that got a bit...more
A picture tells a thousand words. Some of you remember “Candid Camera”, the original reality show that aired in the 1960s and came back for subsequent reruns, where people were recorded reacting to strange and often...more
One of the biggest employer pitfalls that I regularly discuss is the failure to pay for all hours worked by an employee when (1) the employee is performing work after hours and off premises using social media, or some...more
A former lingerie model turned high school guidance counselor has sued the New York City Department of Education (“DOE”) for discrimination and wrongful termination after being fired when Internet photos surfaced of the...more