Labor and Employment Law

Recent Posts

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

Teacher's Racist Twitter Rant and the Law
Posted on 17 Nov 2014 by Philip Miles

Have you heard the one about the teacher who got fired over a racist Twitter rant about Ferguson ? To recap, she posted some lovely gems, such as "Who the (expletive) made you dumb (expletive) crackers think I give a squat (expletive) about your... 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

Gawker Intern Lawsuit Shows the Need For Social-Media Savvy in the Legal Profession
Posted on 19 Feb 2015 by Jon Hyman

Have you recently tried to communicate with someone under the age of 25? Have you tried to call them? How about email? What about text message, Facebook, or Twitter? I bet that your communicative outreaches are much more likely to gain a response if you... Read More

The NLRB Is Laughing All the Way to the Bank
Posted on 1 Jun 2012 by Margaret (Molly) DiBianca

NLRB's Acting G.C. Lafe Solomon issued his third report on social media earlier this week. (PDF). And what a fervor it caused! What a frenzy! Twitter was all atwitter with excitement over the promise of some meaningful guidance on the interplay... Read More

Don’t Forget to Check Social Networks During Your Workplace Investigations
Posted on 1 Sep 2015 by Jon Hyman

Cleveland.com reports that a former bi-racial employee has sued a Steak ‘n Shake restaurant for race and disability discrimination: A discrimination lawsuit contends that two employees of a Steak ‘n Shake restaurant in Aurora used racial... Read More

Lawffice Links - NLRB Social Media Ruling Protects Defamation?
Posted on 1 Oct 2012 by Philip Miles

The NLRB continues to assault address employers' social media policies with a recent ruling that appears to protect defamation. Huh? The employer's policy prohibited online postings . . . "that damage the Company, defame any individual or... Read More

Facebook Postings Were Protected Activity under NLRA: Hispanics United of Buffalo, Inc. v. Ortiz
Posted on 16 Sep 2011 by Steptoe & Johnson PLLC

by Joseph U. Leonoro As we have discussed before on this blog, the National Labor Relations Board ("NLRB") is focusing much attention on social media. In particular, several complaints have been filed recently that allege that employers... Read More

Some social media stats to chew on
Posted on 15 Oct 2012 by Jon Hyman

Last week, Facebook announced that there are more than 1 billion people using Facebook actively each month . Think about that number for a second. It means that 1 out of every 7 people on Earth are active on Facebook. When you consider the vastness of... Read More

Court: No First Amendment Right For Teacher to Trash Students Online
Posted on 29 Jul 2014 by Eric Meyer

Welcome to The Employer Handbook. Extending the fifteen minutes of fame of a trash-talking blogger/teacher by a 300 word blog post. Dudes, do you remember Natalie Munroe? She's the teacher who enjoyed a cup of coffee in the spotlight a few... 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

You Can't "Rummage At Will" Through Employee Facebook Accounts
Posted on 25 Jan 2012 by Eric Meyer

Well, at least that's what a federal court recently told a defendant-employer in this ruling . In Tompkins v. Detroit Metropolitan Airport , the plaintiff suffered a slip-and-fall and later claimed back and other injuries. She sued her employer... Read More

Employee's Twitter hatin' costs him unemployment benefits
Posted on 26 Oct 2012 by Eric Meyer

An employee getting fired for caustic social-media posts is so 2011 . Having an application for unemployment-compensation benefits denied because of Twitter stupidity -- that's the new black. Stephen Burns was fired from his job after his employer... Read More