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Category Archives: Social Media

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With Your Social Media Policy, It’s “Live” and “Go” Time

Posted in Highlight, Human Resources (HR) Compliance, Social Media, Wage & Hour

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago.  (Check back to this post from 2008 to see how far we’ve really come.) In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt…. Continue Reading

Social Media in the 2010s: A Force Awakens

Posted in Data Privacy, Featured, Highlight, Social Media

Today, cross-posted on the LXBN site, I reflected on the biggest legal developments of the first half of the decade.  I am reposting it here, but my sincere thanks to Lexblog for the support it has given me over the past 8 1/2 years and for the opportunity to provide some insight on its site…. Continue Reading

Eight Years Later: Three Big Changes in Employment Law

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Litigation, Social Media

2007 seems like yesterday. And yet, eight years after I started this blog and over 1800 posts later (and a Hall of Fame entry), I’m pretty sure 2007 WASN’T yesterday. So for this year’s anniversary post, I thought I would capture what I think are some of the biggest storylines from the last eight years. … Continue Reading

When Your Model Employee Isn’t Anymore

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Social Media

I loved Bill Cosby. When we first got cable TV as a kid, I must have watched his movie “Himself” a few dozen times after school. His “Chocolate Cake” routine was even something I showed my kids a few years ago. And I don’t think I missed many episodes of his sitcom either. When the… Continue Reading

Cleaning Up Your Employee Handbooks, NLRB-Style

Posted in Human Resources (HR) Compliance, Labor Law & NLRB, Social Media

Last month, I had the opportunity to speak to the American Law Institute for a CLE program on the latest guidance from the NLRB on various employee handbook policies. When I first wrote about it in March, I had expected to followup shortly thereafter with another recap. But in the meantime, I found that much… Continue Reading

BREAKING: NLRB’s General Counsel Office Issues Important Report On Employer Rules

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center, Social Media

The NLRB’s General Counsel’s office today released a lengthy report “concerning recent employer rule” cases. That sounds generic. It’s not. Rather, the NLRB is now outlining its views on otherwise-neutral employer policies and whether they could be deemed to violate federal labor law.  While part of the report is a recap of existing caselaw, this… Continue Reading

The Perils of Social Media & Legal Considerations – Join Us!

Posted in Social Media

On Thursday, February 26th, I’ll be speaking on a panel discussion for the Connecticut Bar Association, Young Lawyers Section discussing the legal considerations of social media. The topic covers how the evolving world of new social media is constantly churning up interesting legal issues and problems. The panel will present insights on some of the… Continue Reading

Will “Fifty Shades of Grey” Launch Fifty Hostile Work Environment Claims?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Social Media

Back in May 2012, I wrote this about a book that was making its way around various book clubs that was dubbed by The New York Times as “Mommy Porn”. [H]aving someone read [Fifty Shades of Grey] alone during a lunch break, by itself, is probably not enough to establish a sexual harassment claim. The fact that it… Continue Reading

Your Workplace Is Going Viral #AlexfromTarget

Posted in Human Resources (HR) Compliance, Social Media

For employers, the power of the Internet is pretty scary at times. The latest meme to hit the Internet won’t change that view. Sometime yesterday (Sunday) afternoon, someone tweeted a picture of a worker from a Target store. His name is “Alex”. We know this because of his name tag. And apparently he’s cute and teenagers started… Continue Reading

Guest Post: When “Disruptive” Technology Hits Your Workplace, What Then?

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Social Media

Today, I’m pleased to highlight a guest post from Steven Scheinberg, the General Counsel of the Anti-Defamation League. I’ve known Steven for several years and was very happy when he offered to share his thoughts on this important topic.  Steve actually practiced at a prominent plaintiff’s employment law firm in Connecticut many years ago now so… Continue Reading

Watching Over Your Employees

Posted in Human Resources (HR) Compliance, Laws and Regulations, Social Media

With cameras on every smart phone and computers that can track your every click, it’s hard for employers to know what’s proper in the workplace when it comes to surveillance and monitoring. I’ve talked on the blog before about Connecticut’s Electronic Monitoring Act. But there are several other laws and theories that employers should be… Continue Reading

56 Million Reasons Why Your HR Department Needs Better Data Security

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Social Media

Okay, okay.  I realize the headline is a bit misleading.  But it isn’t every day that you hear about a data breach at Home Depot in which 56 MILLION credit cards may have been hacked. To put that into perspective, that’s 16 million MORE than the infamous Target breach! But this is an employment law… Continue Reading

Connecticut Bar Has Trouble with the NLRB’s Curveball on Social Media

Posted in Highlight, Labor Law & NLRB, Social Media

As our big Labor Day weekend kicks off, it seems appropriate to bring back a “labor” topic, particularly when mixed with one of our favorite topics here: Social Media. Today, my colleague Jarad Lucan returns with a case straight out of Connecticut with national implications. As most readers of this blog have read before (here,… Continue Reading

Seven Deadly Sins of Social Media Employment Screening

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Social Media

You just finished interviewing a great candidate for a manager-level position at your company.  She looks great on paper and interviewed well. But you’re wondering: What dark secrets about her loom on Facebook? After all, you did see that tattoo on her arm and she mentioned a fun time at Bonnaroo 2013. “Maybe there are… Continue Reading

A Note from the U.S. Coach is a Great Idea, But Not a Good Excuse

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Social Media, Wage & Hour

First off, let me say that I’m really obsessed with enjoying this year’s World Cup. But Thursday presents some special problems for employers.  The United States Men’s Team has a very important game at 12 ET.  Right in the middle of the lunch hour (or two?).  Beat or tie Germany and the U.S. is through to… Continue Reading

The New “Value” Proposition: NLRB Yet Again Rules the Reasonable Unreasonable

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Social Media

I sound like a broken record, but once again, the NLRB is striking down reasonable rules as unreasonable.  My colleague, Gary Starr (as always, read his bio here), today shares a recent case from the NLRB that found that a “Values and Standards of Behavior Policy” of one employer — something that you might think is… Continue Reading

Ten (+4 More) People to Follow on Twitter for Labor and Employment Law

Posted in Highlight, Human Resources (HR) Compliance, Social Media

Since the last time I published a list of labor & employment law lawyers to follow back in 2012, there are just a bunch of you out there now using Twitter. (And I presume you’re already following me @danielschwartz, right?) So, it’s probably time to update my list of labor & employment law-related people to… Continue Reading

Social Media Demonstrates New Minefields for Users (and their Parents)

Posted in Social Media

Many were quick to point out this interesting case but my colleague Robin Frederick sums it up best in today’s post.  If this doesn’t convince you to “friend” your kids on Facebook, I’m not sure anything will! Most tech-savvy parents counsel their kids to be careful about what they put on Facebook and other social media because their… Continue Reading

Got a “Secret”? Firewalls Are Not Stopping Spread Of Social Media

Posted in Highlight, Human Resources (HR) Compliance, Social Media

If it seems that there are more social media apps out there than ever before, you’re not going crazy.  No longer do employers just have to worry about Facebook. Rather, a whole host of sites has popped up leading to new headaches and challenges for employers. I’ve talked about this before, but Law360 published a… Continue Reading

Recipe for Disaster: Who Owns Your Work-Related Social Media Accounts?

Posted in Highlight, Human Resources (HR) Compliance, Social Media

With all that was going on with the holidays, my colleague Peter Murphy reminds us that ownership of work-related social media is not an issue to take lightly.  Why? Well, let Peter take the story from there…. Back in May, Dan posted some very helpful advice to employers about ownership of work-related social media accounts. … Continue Reading