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Employer Liability Issues Social Media

Husch Blackwell LLP

Employment Law Lessons from a Coldplay® Concert: When Viral Moments Put Workplace Conduct in the Spotlight

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It was supposed to be a night of entertainment for concertgoers at a recent Coldplay performance. But for two company executives, the spotlight shone a bit too brightly when a “kiss cam” moment on the jumbotron captured what...more

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

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The internet lit up recently with viral footage from a “kiss cam” at a Coldplay concert in Boston, Massachusetts. The clip, now dubbed by some as “Coldplay Gate,” depicts the married CEO of Astronomer, Inc., having an...more

Constangy, Brooks, Smith & Prophete, LLP

Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact

Can an employee’s off-duty behavior justify workplace discipline? In today’s hyperconnected world, the line between personal and professional conduct is increasingly blurred, leaving employers to navigate a tricky legal and...more

Mintz - Employment Viewpoints

Deepfakes Face Deep Trouble: Revenge Porn in the Workplace

The recently enacted TAKE IT DOWN Act makes it a federal offense to share online nonconsensual and explicit images, regardless of whether the images are real or computer generated. The law is intended to protect victims from...more

K2 Integrity

Social Media Day: Educating Employees On The Risks Of Social Media

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Social media is used by both organizations and employees—as a marketing tool for business, for entertainment, or for interacting with friends and family....more

Ice Miller

Parades, Protests, and Politics: Managing Off-Duty Conduct in the Workplace

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As the nation prepares to celebrate the Fourth of July with parades, fireworks, and barbeques, many employers may find themselves faced with a challenging issue—how to manage employee conduct that occurs off the clock,...more

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

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Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

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It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...more

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

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In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

Bradley Arant Boult Cummings LLP

You Posted What?! Considerations for Employers’ Social Media Policies in 2025 | Insights & Events

Whether or not the TikTok ban is upheld following the January 10, 2025, oral arguments in front of the Supreme Court, employers should be aware of some social media trends stemming from the app that are here to stay. As...more

Wiley Rein LLP

Continued Remote Hiring Concerns in IT Sector: What to Look for in 2025 and How to Mitigate Business Risk

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Remote worker fraud is expected to continue to proliferate in 2025. Fully remote hiring and work, particularly in the technology sector, continues to pose unique business and legal risks for companies. Just in December 2024,...more

FordHarrison

EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media

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Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v....more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

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Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

4 Social Media Tips for Employers as Workplace TikToks Continue to Go Viral

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The latest TikTok trends encouraging people to post from work have garnered millions of views as employees post videos from their jobs in retail, office, healthcare, and a host of other settings. Many netizens view these...more

Shipman & Goodwin LLP

[Webinar] 2024 Labor and Employment Series - Public Relations, Social Media, and Lawsuits - October 22nd, 9:00 am - 10:00 am EDT

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In our complimentary four-part webinar series, Shipman's labor and employment attorneys will guide private-sector employers through some of the most pressing legal challenges in the modern workplace. From neurodiversity and...more

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

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

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

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