2nd Circuit Affirms – Facebook “Like” was Protected Concerted Activity
The 2nd Circuit Court of Appeals recently affirmed a controversial NLRB decision finding an employee’s Facebook “Like” protected concerted activity. The “Like” at issue in Triple Play v. NLRB followed...
View ArticleFive Key Social Media Questions All Health Care Employers Should Consider:...
For the second installment of our series on five key social media questions all health care employers should consider, we explore the ins and outs of monitoring an employee’s online activity. At some...
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NLRB Says “Liking” a Post on Facebook Constitutes Protected Activity
In an August 22, 2014 decision, the National Labor Relations Board (“NLRB”) held that employees engaged in protected concerted activity by posting and “liking” on Facebook, continuing the NLRB’s trend...
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New Social Media Survey – 70% of Employers Disciplined Employees for Social...
Proskauer Rose LLP recently released its third Social Media in the Workplace Around the World 3.0 survey. Drawing 110 responses from a broad range of businesses, the survey reveals interesting trends...
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Teenager’s Facebook Posts Blow Up Father’s Age Discrimination Settlement
According to the Miami Herald, a Florida teenager’s Facebook posts cost her father an $80,000 settlement in an age discrimination case against his former employer, Gulliver Preparatory School. The...
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Facebook Post Doesn’t Count as a Sexual Harassment Complaint
Can a Facebook post count as a sexual harassment complaint to an employer? The Tenth Circuit recently said no in Debord v. Mercy Health Sys. Of Kan., Inc., 2013 U.S. App. LEXIS 23733 (10th. Cir. Nov....
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Employees’ Facebook Trash Talk Not Protected
The saga of Facebook firing cases continues. In this episode, a non-profit organization operating after school programs for high school students terminated two employees who engaged in an extensive...
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Viewing Private Facebook Posts May Subject You To Legal Liability – But...
Do private Facebook wall posts fall within the protection of the Federal Stored Communications Act (“SCA”)? The United States District Court of New Jersey ruled they do in Ehling v. Monmouth-Ocean...
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“Liking” on Facebook – The Internet Equivalent of a Yard Sign
Does clicking the “Like” button on Facebook amount to protected speech under the Constitution? According to a ruling on Wednesday from the Fourth Circuit, yes, it does. In fact, according to the...
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New Survey Shows Impacts of Social Media Profile in Hiring
Does a candidate’s social media profile help or harm the candidate’s chances of landing a job? According to a recent survey by CareerBuilder, it is, perhaps not surprisingly, more likely that a...
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You Can’t Have That! Discovery Disputes Over Production of Social Media Posts...
We have written on a few occasions about how courts have viewed discoverability of social media posts and what might be a reasonable request for information contained on a social media site (see e.g....
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Daring Your Boss To Fire You Is Generally Not a Good Idea
Starting this week, we are very pleased to share with our readers a series of guest posts by three of Fredrikson & Byron’s talented summer associates. Here is the first guest post, by summer...
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Being Tricked into Firing an Employee is Not a Defense – More From the NLRB...
We’re extremely pleased to have another guest blogger this week – our colleague, Karen Schanfield. Karen is a shareholder in Fredrikson & Byron’s Employment & Labor Law Group, and, among other...
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A Reminder to Avoid Prying Into Private Group Facebook Pages!
We haven’t seen a lot of Facebook firing cases coming out of the National Labor Relations Board (“NLRB”) recently, but on April 3, 2013, the NLRB’s General Counsel released an advice memorandum that...
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Helpful Tips for Protecting Your Privacy on the New Facebook
Given Facebook’s seemingly endless changes to its privacy settings, the most recent being in December, as well as Facebook’s “newfangled search tool, [which] can allow strangers, along with ‘friends’...
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Discovery of Social Media Accounts Might Be a Toss-up if Requests are Too...
Courts continue to ponder questions about how far reaching discovery of litigants’ social media accounts should be. You may recall that we wrote about this in Can the Court Force You to Turn Over Your...
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NLRB Finds Employees’ Facebook Posts Venting about Coworker Are Protected
On December 14, 2012, the National Labor Relations Board issued its latest Facebook firing decision, affirming the administrative law judge ruling in NLRB v. Hispanics United of Buffalo, Inc. (See our...
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Where and When Do You Facebook?
Just when you thought that every news story these days must be fraught with calamity and strife….along comes a funny (ok, funny for a lawyer interested in social media) story in USA Today – Even When...
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Emerging Issues in Social Media – The Status of Social Media Password...
Our sold out Fredrikson & Byron 28th Annual Employment and Labor Law Seminar is tomorrow! For those of you who have never attended, it is our department’s full-day seminar addressing the most...
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Was the NLRB’s Decision About Employee Use of Social Media on Company Time...
There has been much buzz recently about the NLRB striking down a social media policy that, among other things, prohibited employees from participating in social media on company time. Has the NLRB...
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