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Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination

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 ("NLRB") has just surprisingly found...

Social Media as "Speech"

Is a public-sector employee engaging in "speech" for purposes of the First Amendment when he "likes" a post on Facebook? A recent decision from the Eastern District of Virginia concludes that the answer is "no." In Bland v. Roberts (E.D. Va. Apr. 42, 2012), the court...

Yo, Boss! Did you say "Spacebook" and "Tweeter"?

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, came to his defense. Obviously, I think...

Some social media stats to chew on

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 our planet and the diversity of its social-economics...

California Enacts Law Limiting Employers' Access to Employees' Social Media: What Employers Need to Know to Avoid the Minefields

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 (or requesting) employees or applicants to divulge...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

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 2010 levels as businesses on both sides of the Atlantic...