Labor and Employment Law

Recent Posts

Enforce Your Social Media Policies Evenly. Otherwise, It’s Bloggy-Blog Time.
Posted on 30 Sep 2015 by Eric Meyer

An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog. Chris Redford, a white male, worked for a Louisiana TV news station. The station has a social media policy... Read More

Pennsylvania Bar Association Formal Opinion: Ethical Obligations for Attorneys Using Social Media
Posted on 30 Oct 2014 by Philip Miles

The PBA Ethics Committee issued a formal opinion on Ethical Obligations for Attorneys Using Social Media (HT: Dan Siegel on Legal Intelligencer ). The opinion is jam-packed with 18 pages of social media goodness on 10 main issues. Spoiler Alert! The committee... Read More

The EEOC and Social Media: Late to the Party?
Posted on 14 Mar 2014 by John Holmquist

The EEOC held a public meeting yesterday that examined how social media is being used in the work place and how it may impact the enforcement of the laws by the EEOC. Public hearings are rare; in the last two years, the Commission has held hearings on... Read More

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
Posted on 17 Nov 2010 by Bullivant Houser Bailey PC

by Krista N. H ardwick & Clay D. Creps An employer's right to monitor and restrict what its employees say about the company on websites such as Facebook, Twitter and personal blogs may have drastically changed. The National Labor Relations... Read More

One State Is Banning Personal Use of Social Media at Work
Posted on 26 Jan 2015 by Doug Esten

Wait, seriously? Yep. No employee of the State of South Carolina will be allowed to use social media on the job, "unless specifically required by the agency to perform a job function." Cassie Cope at TheState.com first reported this news... Read More

What Does the ADA Say About Employee Medical Information and Social Media?
Posted on 9 Jul 2014 by Jon Hyman

The ADA protects, as confidential, employee medical information obtained by an employer. Last year, I asked the following questions about the impact of social media on this confidentiality obligation: What happens, however, when an employee suffers... Read More

Let’s Revisit That Post About Cursing Out Your Boss on Facebook
Posted on 23 Oct 2015 by Eric Meyer

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language... Read More

Lawsuits, Discovery, and the Right to Privacy In the Context of Social Media
Posted on 14 Jan 2015 by Margaret (Molly) DiBianca

A party’s “right to privacy” in the context of social media is the subject for numerous motions in civil litigation. The scenario goes like this: Plaintiff sues defendant, alleging injuries. Defendants seeks discovery of Plaintiff’s... Read More

N.Y. Teacher's Firing Overturned, Despite Facebook Wish that Students Drown
Posted on 6 Mar 2012 by Margaret (Molly) DiBianca

Christine Rubino had been a teacher in Brooklyn for 15 years without any disciplinary history when she was terminated in response to comments she posted about students on her Facebook page. Specifically, Rubino posted that her 5th-grade students "deserved... Read More

The Natural Connection Between Social Media Legal Issues & Employment Law
Posted on 13 Mar 2012 by Lisa Stam

Businesses do not experience the impact of social media in fragmented departmental silos. Rather, social media is an inherently cross-department, internal and external experience for most organizations. Employees, clients, third party providers, experts... Read More

Clearing Up Some Misconceptions on Social Media And Privacy
Posted on 16 Aug 2013 by Jon Hyman

“Bosses force woman to show Facebook page to prove she's not lying,” reads this headline on the venerable technology website, CNET. According to the article, the New Zealand Employment Relations Authority has required a fired flight attendant... Read More

70% of Employers Think Your Social Media Posts Are Their Business
Posted on 6 May 2014 by Donna Ballman

A well-respected management-side firm (and sometimes opposing counsel of mine, I should add), Proskauer, released a study they did on social media this week, and I found it quite disturbing from the employee-side point of view. Their key finding: While... Read More

The Limits of Employee Free Speech on Social Media
Posted on 9 Sep 2015 by Eric Meyer

One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span . Number one was social media... Read More

Oops! My Bad! Facebook Firing Based on Mistake
Posted on 20 Jun 2014 by Margaret (Molly) DiBianca

Contrary to popular belief, employees may be lawfully terminated for comments or pictures that they post on social-networking sites. The law also permits employers to make honest mistakes. An employer who makes the decision to terminate an employee based... Read More

The Legal Reason Why You Shouldn’t Force Employees to Turn Over Social Media Passwords
Posted on 24 Oct 2013 by Jon Hyman

There has been a lot of ink spilled out on the supposed practice of employers requiring employees to provide access to their private social media accounts. I’ve long espoused both that this practice is not occurring with sufficient regularity to... Read More