News & Analysis as of

Employer Liability Issues Social Media Employees

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

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

Miller Nash LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

FordHarrison

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

FordHarrison on

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

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

Littler on

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

Perkins Coie on

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

Bradley Arant Boult Cummings LLP

When Bad Things Happen to Good Employers: 10 Crisis Management Tips

Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis. Here are 10 things to think about as you prepare for a possible crisis: Where is your...more

Sheppard Mullin Richter & Hampton LLP

Safe for Work? New Social Media Privacy Law Affecting New York Employers Goes into Effect on March 12

Beginning on March 12, 2024, a new social media privacy law for employees and job applicants goes into effect in New York. The new law will amend the New York Labor Law (the “NYLL”) to restrict most employers from accessing...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Epstein Becker & Green

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

Epstein Becker & Green

New York Employers: Important Legislative Updates from Albany

Epstein Becker & Green on

For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more

Burr & Forman

EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

Burr & Forman on

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance...more

Ius Laboris

Social media and protected beliefs at work

Ius Laboris on

The Belfast Industrial Tribunal in Northern Ireland has recently rejected two claims of unfair dismissal following sectarian (anti-Catholic) chants posted on social media. We look at the implications of clashing views on...more

Perkins Coie

New York Bans Employers From Requiring Disclosure of Personal Social Media Login Credentials

Perkins Coie on

New York Governor Kathy Hochul signed into law bill A.836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media...more

Wilson Sonsini Goodrich & Rosati

Bungie Wins Landmark Lawsuit Against Destiny 2 Player Who Harassed a Bungie Employee

On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Sheppard Mullin Richter & Hampton LLP

Tick-Tock – Time for Healthcare Employers to Review Their Internet and Social Media Use Policies!

A. Health Care Providers Benefit from Internet and Social Media Presence. Electronic medical record software and social media offer wide-ranging ways for health care providers to connect with their patients and the public....more

BCLP

Moonlighting or two-timing? How should employers deal with side-hustles?

BCLP on

If you are an active user of social media, you are likely to have encountered the concept of a “side-hustle”. Popularised and promoted by many “influencers”, the side-hustle can take different forms....more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

Verrill

Supreme Leak: NLRA Rights

Verrill on

For blog followers, you likely saw last week’s post reminding you to revisit your confidentiality policies in the wake of the leaking of the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health, as well as our...more

Foley & Lardner LLP

The Tools Used in Modern Business---Such As Videoconferencing---and the Social Media Culture Create Real Challenges to Protecting...

Foley & Lardner LLP on

In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more

Butler Snow LLP

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Zelle  LLP

That is SO last week - July 2015 #3

Zelle LLP on

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

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