Topic: Employment and labor

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Social Media Accounts After Death – Delaware’s New Law

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Employment and labor, General, Privacy
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

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on 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

Photo of Heather Sherrod (US)By Heather Sherrod (US) on 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

Photo of Heather Sherrod (US)By Heather Sherrod (US) on 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

Photo of James Leito IV (US)By James Leito IV (US) on 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

Policies banning photos, videos and confidential information unlawful

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Employment and labor, Social media policies, Trademark
On July 15, 2013, the National Labor Relations Board (“NLRB”) released a memorandum providing further guidance on whether a company’s social media policy could be construed to stifle protected, concerted activity.  Over the last two years, the NLRB Office of the General Counsel has issued several memoranda discussing the validity of employer social media policies … Continue reading

Gripes and rants on Facebook: Not protected concerted activity

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Employment and labor, Social media policies
On May 8, 2013, the National Labor Relations Board (“NLRB”) released a memorandum providing guidance on whether an employee’s Facebook comments with current and former co-workers constituted protected, concerted activity. The memorandum was prepared in response to an employer’s request for advice about whether it violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) … Continue reading

The NLRB and employer social media policies

Photo of Heather Sherrod (US)By Heather Sherrod (US) on 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 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
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