Phil Di Tullio (US)

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Employer’s tweet may be unfair labor practice

By Phil Di Tullio (US) on December 1, 2021 Posted in Employment and labor

Can a tweet be an unfair labor practice? On November 10, 2021, the Third Circuit Court of Appeals entertained oral arguments to determine just that. The tweet at issue: “[F]irst one of you tries to unionize I swear I’ll send you back to the salt mine.” According to the National Labor Relations Board (“NLRB”), this … Continue reading

Proposed California law to further limit settlement confidentiality

By Phil Di Tullio (US) on May 27, 2021 Posted in Employment and labor

During May of 2021, the California Senate passed a law further prohibiting the use of broad confidentiality and nondisparagement provisions in agreements between a company and its employees. The new law expands on a 2018 law inspired by the #metoo movement, which banned settlement agreements preventing an employee from disclosing facts underlying claims for sexual … Continue reading

Defamatory social media posts may establish personal jurisdiction in California

By Phil Di Tullio (US) on February 9, 2021 Posted in General

In recent posts, we have discussed how employee social media use may subject California companies to liability for defamation. Now, a recent California court of appeals case found that social media conduct by out-of-state users was sufficient to establish personal jurisdiction in California courts.… Continue reading

Court rules that reasonable expectation of privacy exists in social media users’ internet browsing data

By Phil Di Tullio (US) on April 16, 2020 Posted in Privacy

Social media users may have a reasonable expectation of privacy in their internet browsing data, according to a recent decision of the United States Court of Appeals for the Ninth Circuit Court. Users of a social media platform brought a class action against its owner, alleging that the company tracked users’ browsing histories when they … Continue reading

Federal District Court in California finds favoring younger, “social media savvy” employees may constitute age-based harassment

By Phil Di Tullio (US) on December 3, 2019 Posted in Employment and labor

In recent posts, we have discussed how social media use and the enforcement of social media policies can have major implications in wage and hour lawsuits against U.S. employers. Now, a recent case in U.S. District Court in California suggests that social media can also play a role in discrimination suits.… Continue reading

California companies should reevaluate how they classify social media freelancers

By Phil Di Tullio (US) on May 21, 2019 Posted in Employment and labor

With companies increasingly turning to social media to meet their advertising needs, employers must take a closer look at how they classify social media consultants and freelancers. Although larger companies may have internal social media departments, many small companies contract outside social media consultants who work on an hourly basis. Typically, companies were able to … Continue reading