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Employment Policies Social Media Employee Rights

FordHarrison

EntertainHR: Tick tock, TikTok: Why Employers Should Evaluate Social Media Policies  

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TikTok is home to many viral video trends, including “day in the life” and “story time” videos. “Day in the life” videos frequently contain short, collected clips of a user’s day with music, text, or voice-overs explaining...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

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

FordHarrison

Coldplay and the Kiss Cam

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Coldplay frontman Chris Martin unexpectedly found himself in the spotlight for reasons other than his music. During a recent concert, Martin called the audience’s attention to a couple featured on a jumbotron “kiss cam.” The...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

Walkers

Facebook posts, discrimination and employment – the Guernsey and Jersey perspective

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An employee simply holding an objectionable belief is not enough to justify disciplinary action but how it is manifested can be subject to limitations if it impacts the employer or others. While employers can take action...more

BCLP

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

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Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

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Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...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

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...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

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

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Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Ius Laboris

Can employers monitor their employees’ social media posts?

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Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Foley & Lardner LLP

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

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On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

FordHarrison

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

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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

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

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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

Fisher Phillips

A Dealership’s Guide To Social Media, Free Speech, And The Election

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You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

Constangy, Brooks, Smith & Prophete, LLP

Politics in the workplace: A volatile combination!

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

Payne & Fears

[Webinar] Politics in the Workplace: Navigating Employee Discourse in Contentious Times - June 26th, 10:00 am - 11:00 am PDT

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While navigating political expression in the workplace has always been difficult, a number of evolving factors have amplified the challenges for both employers and employees. Please join us for a complimentary one-hour...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Seyfarth Shaw LLP

Raging Bull: Getting Beat Up On Glassdoor?

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Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

Littler

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

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Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Troutman Pepper Locke

[Event] What Employers Need to Know about Attracting, Managing and Separating from Their Employees - April 30, Houston, TX

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The Greater Houston Partnership will hold a continuing education series "What Employers Need to Know about Attracting, Managing and Separating from Their Employees: Current Legal Compliance and Talent Management Issues."...more

Akin Gump Strauss Hauer & Feld LLP

Best Practices in Social Media for Employers Part 2 – Monitoring Employees’ Social Media Use

In addition to the risks associated with employers’ use of social media as related to the recruiting and the hiring process, employers should also be aware of potential pitfalls associated with restricting or monitoring...more

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