Topic: Employment and labor

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Social Media Accounts After Death – Delaware’s New Law

After January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law. Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading

A picture can be worth a thousand links

By Daniel Daniele (CA) on June 18, 2014 Posted in Copyright, Employment and labor, Privacy, Social media policies

From giant billboards on the highway to tiny pictures that can go viral within seconds, the use of social media sites like Instagram, Pinterest and Tumblr has revolutionized the advertising industry. Companies can now reach their target audiences more quickly and more effectively by taking advantage of instantaneous posting of pictures and blogs. The use … Continue reading

NLRB to reconsider legality of employer email use policies

By Heather Sherrod on May 15, 2014 Posted in Employment and labor

The National Labor Relations Board (“NLRB”) is reconsidering whether companies may lawfully maintain policies that prohibit employees from using company e-mail and electronic communications systems for personal use. In 2007, the NLRB ruled that employees have no statutory right to use their employer’s e-mail system for Section 7 purposes. Section 7 protects an employee’s right … Continue reading

Facebook posts may not be sufficient notice of sexual harassment complaints

By Heather Sherrod on January 10, 2014 Posted in Employment and labor

Contrary to the normal argument that employees have a right to privacy in their social media posts, the United States Court of Appeals for the Tenth Circuit recently dealt with the novel issue: can a Facebook post serve as a public notice to an employer of an employee’s sexual harassment complaint? In Debord v. Mercy Health … Continue reading

Shared Social Media Accounts

By James Leito on August 15, 2013 Posted in Employment and labor

A court in the Eastern District of Texas recently held that two companies were “integrated employers” under the Family Medical Leave Act, in part, because the two companies shared a Facebook page. Dooling v. Bank of the West, No. 4:11-cv-00576 (E.D. Tex. July 17, 2013) (Bush, Mag. J.). This conclusion allowed the plaintiff to establish her … Continue reading

The NLRB and employer social media policies

By Heather Sherrod on April 15, 2013 Posted in Employment and labor, Social media policies

The highly respected Pew Center recently released its demographic data on social media usage. The data shows that regardless of age, race, sex, education, or income, well over half of the adults in the United States who use the internet, use social media. It is therefore reasonable that employers would formally address their expectations of … Continue reading

NLRB Still Scrutinizing Social Media Policies

By Teri Danish on December 3, 2012 Posted in Employment and labor, Social media policies

On November 15, 2012, the National Labor Relations Board again rejected an employer’s social media policy because it could be construed to chill employees’ rights to join together for mutual aid and protection. Dish Network’s employee handbook banned employees from making “disparaging or defamatory comments” about the company. Relying on the NLRB’s recent decision invalidating … Continue reading