Thursday, April 21, 2016

How to Regulate Employees' Off-Duty Conduct

by Sarah Briley, Esq.

With the increasing ubiquity of social media, information on the off-duty conduct of employees has never been more accessible to employers. As an employer, it is important to keep in mind that simple disagreement with an employee's off-duty conduct is not always sufficient to justify termination.

An employer should be able to show that the employee's off-duty conduct had some objective negative impact on the employee's ability to do his or her job.

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Monday, November 16, 2015

Discovery vs. Privacy: Social Media in Litigation

by David P. Kennison, Esq.

In today's ever-changing social media culture, a new platform to connect users seems to appear every month. As each social media phenomenon comes and goes, a seemingly endless trail of data and personal information is left in its wake. For parties involved in litigation, social media information in the context of e-discovery is a rapidly evolving area of the law that will continue to have a widespread impact on litigants.

The need to balance an individual's privacy with an adverse party's right to access relevant information is the inherent tension manifesting itself in the litigation process.

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Monday, July 13, 2015

Dear Employer: Is Your Social Media Policy Legal?

by William J. Haynes, III

Social media is a fact of modern life. Billions of people across the globe use a variety of platforms such a Facebook, Twitter, Instagram, and Snapchat to connect with family, friends and the world at large. Businesses have moved rapidly to capitalize on opportunities for growth in social media, but have also recognized the realities of social media in the everyday lives of their employees.

Recent studies indicate that most employers in the United States now have some form of social media policy and that employers are relaxing policies restricting social media use during business hours.

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Tuesday, July 1, 2014

The NLRB Will Strike Down Your Social Media Policy Even If You Don't Have a Union

by Wilford H. Stone, Esq.

As the percentage of unionized employees in the country continues to fall, the National Labor Relations Board (NLRB) increasingly scrutinizes non-union environments.

Section 7 of the National Labor Relations Act (NLRA) provides employees with the right to organize unions, join unions, assist labor organizations, and engage in collective bargaining.

Section 7 is interpreted to give all employees the right to discuss the terms and conditions of their employment at a reasonable time and in a reasonable place/manner.

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Monday, May 5, 2014

Dos and Don’ts for an Employer’s Social Media Policy

by Benjamin W. Price, Esq.

The use of social media in the employment setting has prompted employers across the country to create handbook policies regulating its employees' use of social media. Given recent cases and the countless NLRB decisions (and memoranda) on the use of social media in the employment setting, here are some dos and don'ts for employers creating a social media policy.

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Wednesday, February 5, 2014

Top 5 Employee Social Media Fails of 2013

by Brett J. Miller, Esq.

It seems like a week does not go by without a news article about an employee fired for posting something idiotic on social media. For employers, social media can be a great way to communicate with customers and clients. It can also be a public relations disaster or lead to legal liability.

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Wednesday, January 22, 2014

Girl Interrupted: Facebook Double Standard in Employment Law?

by Timothy O. Lewis, Esq.

Pocatello, Idaho isn't a big town. There are around 50,000 people living in the metro area. It's the backdrop of Napoleon Dynamite -- with Idaho hills and plains and a small town feel. It's a place where you don't know everyone, but if something goes wrong, everyone knows you. Pocatello has a deeply religious and conservative populous and it is here where this story begins.

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Friday, January 17, 2014

Heads Up: New Guidance on the Use of Social Media

by Mary Elizabeth Davis, Esq. and Elliot P. Fitzgerald, Esq.

Last month, the Federal Financial Institutions Examination Council (FFIEC) issued guidance entitled "Social Media: Consumer Compliance Risk Management Guidance," which applies to banks, credit unions, savings associations, and other financial institutions supervised by the new Consumer Financial Protection Bureau. The Guidance became effective immediately upon its publication on December 11, 2013.

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Monday, January 13, 2014

The Top 6 Employment Law Challenges for 2014

by Alan M. Kaplan, Esq.

Are companies ready for 2014? Last year, we saw several significant changes and reminders to lessen the risks of suit. Here is our list of the top six challenges human resource professionals should address.

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Monday, December 30, 2013

Google Glass: What an Employer Needs to Know

by Cynthia N. Sass, Esq.

Image courtesy of Prae on Flickr

What is Google Glass?

Google Glass is a wearable smart device predicted to revolutionize how we integrate technology into our daily lives. VSP Global will soon include Glass in product lines, meaning it could be on the common consumer market within the year at an approachable price. The legal and social implications surrounding Glass and other wearable devices have created a preemptive pushback campaign called "Stop The Cyborgs." But considering its potential ubiquity, employers are wise to proactively revise any bring-your-own-device policies to address anticipated issues and develop best-use practices.

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