Labor and Employment Law

Recent Posts

Is the C-Suite Ready for Trial Tweeting?
Posted on 5 Mar 2015 by Lorene Schaefer

The tweets are flying out of the courtroom in day 5 of the highly anticipated Silicon Valley sex bias jury trial happening right now in a Superior Court of California San Francisco courtroom. Journalists from the Wall Street Journal , Business Insider... Read More

An Unconstitutional Workplace Social Media Policy?
Posted on 20 Aug 2014 by Philip Miles

Can an employer's social media policy be unconstitutional? Maybe - if it's a public employer. We may get some insight into the constitutional boundaries of public employer social media policies in a new lawsuit filed against a sheriff's office... Read More

What Are the Latest Trends in Social Media and Litigation?
Posted on 7 Nov 2011 by Eric Meyer

This week I plan to dedicate a few blog posts to highlighting some of the latest trends in social media and [fill in the blank]. Last month, the good folks at Fulbright & Jaworski , released their 2011 Litigation Trends Survey . The 2011 survey gathered... Read More

Delaware Supreme Court Rules On Admissibility of Facebook Evidence
Posted on 13 Feb 2014 by Margaret (Molly) DiBianca

Employment lawyers know the potential importance of social-media evidence. I’ve written about numerous cases in which an employee is fired for something he posted on Facebook or other social-media site. As a general matter, it is not unlawful per... Read More

Who Owns Social Media Accounts—the Employer or Employee?
Posted on 7 Nov 2011 by Jon Hyman

; What happens to an employee's social media account when the employee leaves a company? One British court has answered this question by ordering a former employee of a recruiting firm to turn over his LinkedIn contacts to his former employer... Read More

Social Media SHOW (and Tell)
Posted on 20 Nov 2012 by Eric Meyer

Last Tuesday night, I was in Las Vegas. Kinda. Sorta. Actually, I had the pleasure of participating in a Google+ Hangout for an interactive Q&A on social media topics that took place in Last Vegas from #KronosWorks12 . Along with NPR's... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of October 3, 2011)
Posted on 6 Oct 2011 by Foley & Lardner LLP

Employers Should Heed FTC's Recent Reminder About Endorsements Written by: Yonaton Aronoff Celebrity Ashton Kutcher recently got into hot water with the FTC while serving as a guest editor of an online-only version of Details magazine ( http... 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 Board... Read More

Has the Social Media Battle Already Been Lost?
Posted on 11 Mar 2015 by Lorene Schaefer

It is day 7 of the sex discrimination jury trial against a high-profile Silicon Valley venture capital firm and the social media debate is raging [Ed. note: This article was originally posted on Mar. 4]. For those not following along, Ellen Pao... Read More

Read This Before You Access Your Employee’s Social Media Accounts
Posted on 6 Mar 2014 by Jon Hyman

Susan Fredman Design Group employed Jill Maremont as its Director of Marketing, Public Relations, and E-Commerce. In that capacity, she used her own personal Twitter account and Facebook page to promote SFDG’s business. To keep track of the various... Read More

Beer muscles and a #SHRM12 lesson about accountability
Posted on 29 Jun 2012 by Eric Meyer

I'm a fairly easy-going guy. My buttons don't get easily pushed, I'm not easily riled, and I rarely get angry. But, when I get fired up....look out, sucka! One thing that really gets me going is when others fail to accept accountability... Read More

Keeping Secrets on Social Media
Posted on 30 Sep 2014 by Margaret (Molly) DiBianca

The title of this post is a bit laughable, isn’t it? I mean, really, it’s almost an oxymoron. Keeping secrets on social media? What’s the point? The very existence of social media is dependent upon sharing—not secret-keeping. But... Read More

Facebook Firing Causes Unfair Labor Practice Double Play For NLRB
Posted on 26 Aug 2014 by Jon Hyman

In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off-duty Facebooking, and less-than unanimously concluded that the same employer’s social media policy was unlawfully... Read More

Start-Up Offers Social Media Background Searches; Employers Rejoice and Privacy Advocates Mistakenly Groan
Posted on 26 Jul 2011 by Jon Hyman

More employers are turning to social media sites to vet potential employees. There is no doubt that sites like Facebook and Twitter offer a wealth of information about potential hires. Using these sites to vet job candidates offers a great opportunity... Read More

Must You Pay Employees Who “Volunteer” to Use Social Media For the Company?
Posted on 1 Sep 2015 by Eric Meyer

Work-related blogging is compensable time. Yesterday, I read the District of Hawaii opinion in Tagupa v. VIPdesk, Inc. . Tagupa worked for VIPdesk, a national concierge network, as part of its remote concierge team [subscribers can access an enhanced... Read More