How to Balance Diverse Views in the Office
Strengthening Your Hiring Process
Non-Disparagement Tips for Employers
From Forest to Fortune: Navigating Workplace Ethics With Robin Hood — Hiring to Firing Podcast
Mid-Year Labor & Employment Law Update: Key Developments and Compliance Strategies
Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?
NLRB Quorum Limbo, DOL Deregulation Push, Coldplay Concert Exposes Workplace Romance - #WorkforceWednesday® - Employment Law This Week®
Non-Compete Compliance in 2025: State Trends and Employer Strategies
Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact
New Virginia "Workplace Violence" Definition and Healthcare Reporting Law: What's the Tea in L&E?
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
(Podcast) California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
Essential Steps to Sell Your Business
Multijurisdictional Employers, P2: 2025 State-by-State Updates on Non-Compete/Non-Solicitation Agts
Is the Four-Day Workweek Really a Benefit? What’s the Tea in L&E?
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires
California Employment News: Synthesizing Evidence in a Workplace Investigation – Part 3 (Featured)
Summer Strategies for Work Success
This odyssey began when an old laptop was discovered by a curious 14-year-old boy in Kansas. The boy, known only as “QR,” used it to sneak onto a handful of adult websites over two months last year, racking up 118 virtual...more
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
On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more
Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more
The Sixth Circuit Court of Appeals, in Bennett v. Metro. Gov’t of Nashville, recently addressed the issue of whether a public employee’s use of a racial slur when discussing politics on Facebook is sufficiently protected by...more
Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more
Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more
Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more
The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more
In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more
In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more
The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more
Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more
Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more
As we previously have discussed, implementing an employee social media policy and providing employees training about the subject may help employers potentially avoid embarrassing public relations situations. A recent case,...more
Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more
The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more
On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more
In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more
It gets boring to blog just about the NLRB. We need some judicial action to get the juices flowing a little more. We got a little something last week. Question: Is merely clicking the “like” button on Facebook tantamount to...more
What happened? In Smith v British Waterways Board the Employment Appeal Tribunal (“EAT”) decided that an employee was fairly dismissed for posting derogatory and disparaging comments on Facebook despite the comments being...more