Managing Political Discourse at Work With Lessons From Mad Men - Hiring to Firing Podcast
California Employment News: Expanded Workplace Protections Regarding Cannabis Use
#WorkforceWednesday: Employees’ Off-Duty Conduct, Violence at Work Rises, the Election and the Gig Economy - Employment Law This Week®
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
Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more
As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more
The following may be a true story. The events depicted allegedly took place in Lompoc, California, in 2020. Out of deference to the judges involved, their names have not been used. Out of respect for the victim, her story...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
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
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more
Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more
Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more
With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more
Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more
(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more
In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and...more
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
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more
Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more
I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more
In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more
Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more