Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Social media

Subscribe to Social media RSS Feed

Courts uphold law enforcement officer’s discharge for racially insensitive posts

Posted in First Amendment, Public Sector Employment, Social media
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of… Continue Reading

Weekly catch-up

Posted in ConstangyTV, HR, Immigration, Labor Relations, Politics, Protected Concerted Activity, Social media
Must-see ConstangyTV! The September edition of ConstangyTV’s “Close-Up on Workplace Law” is on YouTube, and you will not want to miss it. Host Leigh Tyson talks with Jon Yarbrough about social media in the workplace, including social media horror stories and what employers can do about them, the restrictions that have been imposed on social… Continue Reading

Before you fire that political extremist . . .

Posted in Discrimination, Harassment, HR, Politics, Public Sector Employment, Social media, Wrongful Discharge
If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or… Continue Reading

Are you a harassment “daredevil”? Here are 5 behaviors that put you at risk.

Posted in Harassment, Social media
Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most employers aren’t satisfied with banning only “illegal” behavior, and rightfully not. The law does a fairly good job of keeping us from each other’s… Continue Reading

Weekly catch-up

Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized
Supreme Court agrees to review “travel ban” cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the “travel ban” issued in March should be stayed. What that means is that the travel… Continue Reading

“BYOD” policies – are there risks? You betcha!

Posted in ConstangyTV, Data Privacy, eLaw, Social media
The February edition of ConstangyTV’s Close-Up on Workplace Law is now available. Host Leigh Tyson interviews Susan Bassford Wilson, co-chair of our e-Law Practice Groups about the risks associated with “Bring Your Own Device” policies and what employers can do to minimize those risks. You can watch it on our YouTube channel. Silly me – what… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

Employer dos and don’ts for 2016 elections (NLRB-friendly version)

Posted in Harassment, Labor Relations, Protected Concerted Activity, Social media
Labor Day marked the beginning of the “serious” election season. In 2012, I posted on dos and don’ts for employers, but many of my old recommendations aren’t going to work in today’s labor law climate. Here’s an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

What’s your two cents? Employment law in the news

Posted in Discrimination, Lawyers!, Social media
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let’s just call it “Last Week Today.” (Hey! I’m on vacation!) Feel free to debate and… Continue Reading

4 thoughts on the Ashley Madison hack

Posted in Harassment, Social media
Four quick thoughts on the Ashley Madison hack: 1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean I want my financial information all over the internet. Nor… Continue Reading

Jim Coleman: Twitter wage-hour hero

Posted in Social media, Wage-Hour
For a guy who doesn’t tweet, Jim Coleman – head of Constangy’s Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group – has suddenly become an awfully big Twitter celeb. (Or anyway, as big a Twitter celeb as employment lawyers ever become.) It all started last weekend, when I got a tweet… Continue Reading

This week in employment law, with a lick and a promise

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Family and Medical Leave Act, Retaliation, Same-sex marriage, Social media, Telecommuting
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify. 5 Things Your Manager Doesn’t Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite,… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

This ‘n’ that from the world of the workplace

Posted in Discrimination, eLaw, Equal Pay, Non-Competes, Social media, Violence
Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you’d like to comment. Supreme Court justices seem to side with hijab-wearer against Abercrombie.… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

NLRB: Hot for the holidays

Posted in Labor Relations, Social media, Uncategorized
The National Labor Relations Board is busy — the Board came out late last week with a decision saying that employees can have access to their employers’ email systems for organizing activities under most circumstances. David Phippen has the full story here. Also, on Friday, the Board issued its final rule on “quickie elections.” David… Continue Reading

Top 10 Technology Blunders for Employers

Posted in eLaw, Social media
I’d like to thank Sarah Phaff of our Macon, Georgia, office, who wrote this post with me. As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still… Continue Reading