You can’t make this stuff up.
Have you read this one? I can’t blame you if you haven’t. Between the serious and tragic stories dominating the news from Malaysia and Russia, this little employment law nugget snuck into...more
It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import. Much of the fun, however, lies in playing the forecasting game, and...more
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more
1/7/2014
/ Affirmative Action ,
Background Checks ,
Big Data ,
Causation ,
D.R. Horton ,
Department of Labor (DOL) ,
Disability ,
Discrimination ,
ENDA ,
Family and Medical Leave Act (FMLA) ,
Minimum Wage ,
OFCCP ,
Religious Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Social Media ,
Unpaid Interns ,
US v Windsor ,
UT Southwestern Medical v Nassar ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, that I am reminded of that election campaign more than twenty years ago when Bill Clinton coined the phrase “It’s...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...more
12/23/2013
/ Bring Your Own Device (BYOD) ,
Cybersecurity ,
Facebook ,
Free Speech ,
Hackers ,
Harassment ,
Holidays ,
Logos ,
NLRB ,
Passwords ,
Social Media ,
Wage and Hour
Sometimes you can find great employment law lessons in the craziest places and lawsuits, and even non-employment law lawsuits. This month, a decision was issued by a Family Court Judge in Brooklyn, New York that, while an...more
In prior posts, I summarized the three-step analysis that employers should use before taking adverse action against an employee because of that employee’s social media activity:
1. Was the social...more
At the expense of sounding too corny, sometimes these issues are fascinating. As much as they are practical, from a takeaway standpoint.
Back on May 8, 2012, I blogged about an interesting federal case in Virginia that...more
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 the final Part 5 today: The discoverability of private social media posts in...more
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
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
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
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
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
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
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 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
Just because it’s that I-Can’t-Believe-There’s-One-Week-Left-In-August time of year, doesn’t mean there isn’t some fun and exciting law coming down the pike. An important decision was issued this month by the Second Circuit...more