An August 18, 2011, NLRB Memorandum helps to outline contours of what constitues protected concerted activity under NLRA Section 7. Of course, examination and analysis of the facts at issue, is critical, along with prudent advice from expert labor counsel. This post, however, discusses some of the helpful guidance concerning some popular policy provisions that if not adequately defined or limited could run afoul of Section 7 rights.
Continue Reading NLRB Acting General Counsel Issues Opinion On Social Media and the NLRA
Ban On Employer Demands For Worker, Applicant Website Passwords–Maryland
The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts. 
Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide
Resigtered Nurse Fired for Facebook Posting While Treating Patients
Registered nurse terminated for posting on Facebook while dispensing medication to a patient loses unemployment claim. Reason: employers’ written electronic communication policy.
Continue Reading Resigtered Nurse Fired for Facebook Posting While Treating Patients
“Tagged” Facebook Photos Admissible as Evidence
Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers. In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs
Another Facebook Post, Another Fired Employee
ABC news reported yesterday about an employee fired for statements made on a social networking site – this time Facebook. The employee, Massachusetts high school teacher June Talvitie-Siple, was fired by her school district for statements she made about the community, her students and their parents. The 54-year-old teacher mistakenly thought her statements were being communicated
Employees Claiming Emotional Distress Must Produce Social Network (Facebook and MySpace) Information In Discovery
All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery
Whitepaper On Social Media Use By Employees
Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies.
These risks can take many forms – FTC endorsement issues, inadvertent sharing of confidential company or personal
“Friending” Employees – The Risks of Employer Participation In Online Social Networking
More companies are becoming a part of the social networking community – setting up Facebook pages, “friending” their employees and customers, and so on. Businesses use these sites for a variety of purposes including marketing; client, employee and government relations; and community involvement. With lawmaking bodies and courts just beginning to struggle with
‘Tis The Season…For Data Breach
As the holidays approach, more of us will be utilizing work time, and likely work resources, to handle our holiday shopping. Some of us may even post our shopping successes or gift ideas on Facebook or email coupons to friends. Doing so not only results in a loss of employee productivity, but also creates significant
Social Network Monitors Beware
A New Jersey restaurant has been hit with a jury verdict in favor of two waiters who were fired after the restaurant’s managers accessed a private social networking site where the waiters were criticizing management.
As the social networking (e.g., MySpace and Facebook) “craze” continues to expand, employers must be more mindful of privacy