Labor and Employment Law

Recent Posts

Employers Who Demand Facebook Passwords. Oy Vey.
Posted on 3 Apr 2012 by Margaret (Molly) DiBianca

Employers who require job-seekers to turn over their Facebook passwords remain a mystery to me. Really, what are they thinking? As if the potential negative publicity alone is not enough of a deterrent, you'd think that employers would be aware... Read More

Your Employees' "Private" Facebook Posts Are Not Private
Posted on 23 Nov 2011 by Eric Meyer

What is this? A broken record? Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case. Today, we head... Read More

New Federal Law Will Bar Employer Demands For Online Passwords
Posted on 30 Apr 2012 by Eric Meyer

A few weeks ago, as reported here , Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords. Could a federal law be soon to follow? Rep... 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

Breaking stupid: A hella-dumb Facebook invasion-of-privacy claim
Posted on 18 Jul 2012 by Eric Meyer

From the state that just loves our sloppy seconds -- out-of-work wide receiver who cries about a fumbling quarterback say, "What. It's unfair. That's my quarterback." -- comes this case about a Facebooking emergency medical technician... Read More

Do employees have protected privacy rights in Facebook postings?
Posted on 8 Jun 2012 by Eric Meyer

John and Mary are co-workers. They are also Facebook friends. And both John and Mary have adjusted their respective Facebook privacy settings such that only Facebook friends can view what they post online from their individual accounts. Consequently,... Read More

Access to a Party’s Facebook Account During Discovery
Posted on 16 Jul 2012 by Margaret (Molly) DiBianca

As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly... Read More

Employees Must Turn Over Facebook Info For Harassment Claim
Posted on 21 Nov 2012 by Margaret (Molly) DiBianca

The discoverability of social-media evidence is far from a settled question. Many of the few cases that have addressed the question are employment claims. And the latest such decision is no exception. In EEOC v. Original Honeybaked Ham Company of Georgia... 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

California Enacts Law Limiting Employers' Access to Employees' Social Media: What Employers Need to Know to Avoid the Minefields
Posted on 5 Dec 2012 by Lisa Barnett Sween and Jessica Anne Luke

Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844 , which prohibits employers from requiring... Read More

Yo, Boss! Did you say "Spacebook" and "Tweeter"?
Posted on 20 Sep 2012 by Eric Meyer

Penn State Kicker Sam Ficken probably had a pretty bad week. Last Saturday, he missed one extra point and four field goals in Penn State's 17-16 loss to Virginia. After the game, he was deluged with online insults. Thankfully, his coach, Bill O'Brien... Read More

Facebook Passwords: The New Unlawful Surveillance of the Work Place
Posted on 3 Apr 2012 by John Holmquist

The subject of employer compelled disclosure of employee social media passwords has swept the blog and news worlds. Facebook has weighed in on the subject, and Senators Blumenthal and Schummer have asked the EEOC and the Department of Justice to investigate... Read More

Employers Requesting Facebook Passwords - The Backlash
Posted on 26 Mar 2012 by Philip Miles

Last week, a widely circulated Associated Press article, Employers Ask Job Seekers for Facebook Passwords , generated a ton of controversy. The article includes stories of job interviewers requesting Facebook, and other social network, usernames and... Read More

Fed. Legislation, SNOPA, Would Prohibit Facebook Snooping
Posted on 1 May 2012 by Margaret (Molly) DiBianca

Employers who request an employee's or job applicant's Facebook password continue to face pushback in legislatures across the country. As I posted last week, several states have introduced bills that would prohibit this type of coerced Facebook... Read More

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High
Posted on 26 Feb 2013 by Norton Rose Fulbright

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to... Read More