I told you so. It’s not very often you can say that. It is rarer still to have documented proof. But back in 2008 — when nobody was focused on Facebook and there were fewer of you reading this — I said this about using Facebook to screen employees: Overall, employers should tread very carefully in… Continue Reading
Tag Archives: Facebook
Social Media, Social Media, Social Media
Posted in Social MediaLately, it feels that employment law is revolving solely around social media. Indeed, many of my speaking engagements recently have all had a social media bent. (This week, I’ll be keynoting a speech to the Connecticut chapter of the Society of Marketing Professionals Services on Strategies and Risks on Social Media in the Workplace). Over… Continue Reading
The Fallout from the Latest NLRB Salvo on Social Media
Posted in Highlight, Labor Law & NRLB, Social MediaLast year, I mentioned that I was growing a bit tired about writing about social media in the workplace. It’s not that the topic isn’t interesting; it’s just that there isn’t that much new to discuss. For those of us who have been writing about it for years, we’ve seen much of this for a… Continue Reading
Quick Hits: Ban On Cell Phones; NLRB & Social Media; Nursing Mothers; Retaliation, LinkedIn
Posted in Labor Law & NRLB, Laws and Regulations, Litigation, Social Media, Wage & HourAs another week passes by (seriously, where did January go already?), here are a few odds and ends that are worth a mention: Earlier this month, new rules regarding limits on the use of mobile phones went into effet by the Federal Motor Carrier Safety Administration. The rule covers ”both, drivers of CMVs in interstate commerce,… Continue Reading
Social Media Best Practices – Interview with LXBN TV
Posted in Human Resources (HR) Compliance, Social MediaLast week, I had the great fortune of being interviewed by the Lexblog Network – which help provide support to this blog. The interview focused on best practices for employers in engaging in social media. A few tidbits: We did this interview via Skype. If that’s not cool enough, I did so using my iPad… Continue Reading
The NLRB’s Obsession with Social Media Continues
Posted in Labor Law & NRLB, Social MediaA confession. I’m a little tired about writing about social media and labor law. Perhaps you are a little tired about reading about it too. Unfortunately for us both, expect a lot more about it over the next years because the National Labor Relations Board has social media in its sights and its not letting… Continue Reading
NLRB Administrative Law Judge: Facebook Firings Illegal
Posted in Labor Law & NRLB, Social MediaFor a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”. I’ve done many recaps including here and here. Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’ comments… Continue Reading
Chamber of Commerce Releases Report on NLRB & Social Media
Posted in Labor Law & NRLB, Social MediaLast week, while I was out on vacation, the U.S. Chamber of Commerce released an interesting report analyzing all of the NLRB’s actions in cases involving social media. You can read the report here. The report confirms something that I’ve commented on before — that many of the cases are (or were handled) at the… Continue Reading
Should You Care That Your Employees Are Going to a DayGlow Event?
Posted in Social MediaRight now, I’m guessing 95 percent of the readers of this post have no idea what the headline is referring to. A DayGlow event? You mean like DayGlo paint? Pretty much. The organizers bill it as the “World’s Largest Paint Party”, but let’s just say that you’re not painting houses. (I’m assuming many of you… Continue Reading
NLRB: Not All Employee Facebook Posts Deserve Protection After All
Posted in Highlight, Labor Law & NRLB, Social MediaLast fall, the NLRB made headlines when it brought a complaint against a Connecticut employer for disciplining an employee for her Facebook posts. Back then, some commentators wondered what the limits were going to be. But over the last few weeks, quietly, we’ve been getting some of the answers. Just not in the format you’re… Continue Reading
What Employers Need to Know About Google+
Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Social MediaLong time readers of the blog may be getting a feeling of deja vu with the title of the post. After all, it was about two years ago that I wrote about Google Wave. That product was going to change the world way we communicate. (Fortunately, I didn’t make such bold predictions, other than to… Continue Reading
Are the NLRB’s Complaints About So-Called Facebook Firings News Anymore?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationVarious labor & employment blogs over the last week have been nearly hyperventilating over another complaint by a regional NLRB office challenging an employer’s practices as it relates to employee use of Facebook. For anyone who has been tracking the NLRB’s actions, these filings really should come as no surprise anymore. The agency has consistently… Continue Reading
Another Day. Another Employee Fired Because of Facebook
Posted in Human Resources (HR) Compliance, Labor Law & NRLBHaven’t we heard this before? A Bourne, Massachusetts firefighter was recently fired for — imagine this — his Facebook posts in which he "allegedly railed against [a] police officer over some incident, angrily carried on about being forced to work on the Fourth of July holiday and made a homosexual slur", according to press reports…. Continue Reading
Facebook Firing Case Settles; But Another Social Media Case at the NLRB May Be Rising
Posted in Human Resources (HR) Compliance, Social MediaThe news came late Monday: The NLRB’s case against an employer for allegedly firing an employee due to a Facebook post had settled. The background of that case can be found in one of my November 2010 posts. The case name is: American Medical Response of Connecticut, Inc., 34-CA-12576. The terms of the settlement were not fully… Continue Reading
Is it Ever a Good Idea to Friend Subordinates or, for Teachers, Students?
Posted in Human Resources (HR) Compliance, Social MediaLately, I’ve been doing quite a few presentations on social media, including, most recently, one for a school district. One of the trickiest questions that comes up: Is it "legal" to "friend" a subordinate in the workplace? Or for teachers, is it "legal" to "friend" a student? (I use the term "friend" to be the… Continue Reading
Teaching Teachers about Social Media and Technology in the Workplace
Posted in Human Resources (HR) Compliance, Social MediaOn Friday, I’ll be speaking to a group of local high school and middle school teachers about some best practices on the use of technology in the workplace. Among the central messages of the presentation? No guideline can be a substitute for using good judgment and common sense. With teachers, that message is more important… Continue Reading
NLRB Alleges that Connecticut Company Illegally Fired Employee Over Comments on Facebook
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Social MediaUPDATED 2/7/11 – The case settled today. See this update. In an unprecedented case, the NLRB is pushing all in over the battle on social media. And its press release today leaves little doubt where it is placing its chips — strongly in the employee’s favor. I had heard about this case a few weeks… Continue Reading
Quick Hits: Obesity and ADA; Facebook Fishing; Voting Rights; FMLA Call-In Procedures; Personnel Records; “Survivor”
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourWith the Columbus Day holiday upon us, it’s time for another installment of "Quick Hits" where I touch on posts and topics of interest that you might have missed recently. Take note of the last post to "Outwit. Outplay. Outlast." The GT LE Blog has an interesting post on whether obesity is a physical characteristic or… Continue Reading
Will Facebook’s New Download Feature Change E-Discovery on Social Networks?
Posted in Human Resources (HR) Compliance, Social MediaIn my post earlier today, I noted that courts have been all over the map on whether someone’s Facebook page info was discoverable. This afternoon, Facebook announced a new feature that will allow individuals to download all of their own data onto their computers (or into a file.) According to TechCrunch: Facebook Product Manager David Recordon… Continue Reading
This Week in Social Media & Employment Law: Facebook Privacy Settings, Stored Communications Act, Social Media Policies
Posted in Human Resources (HR) Compliance, Social MediaAs social media continues to dominate the world — or at least conversations about employment law – there are a few notable posts that are worth delving into this week that explore the topic further. Forbes blogger Kashmir Hill (formerly of Above the Law) has a good piece on whether privacy settings matter on Facebook… Continue Reading
This Week in Social Media & Employment Law: Traditional Labor Law & Discovery
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Social MediaMove over, wage & hour law. There’s a new hot topic in the town of Employment Law. Its’ name is Social Media. In fact, with so much being written on it, it’s hard to separate out the usual "Beware of Social Media!" articles from those posts that delve more deeply into the subject and add… Continue Reading
Superintendent, School Board Agree to Settlement After Alleged Facebook Posts
Posted in Human Resources (HR) Compliance, Social MediaIn a followup to a post of earlier this week, Windsor Locks and its Superintendent of Schools reached an agreement late yesterday in which the Superintendent agreed to resign in exchange for a six month severance payment (to be shorted if he finds work before the expiration of that severance period.) The agreement comes after… Continue Reading
The “Public” vs. “Private” Facebook Page: Thorny Issues for Employers
Posted in Human Resources (HR) Compliance, Social MediaAre you scared of social media yet? That seems to be the approach of newly-minted legal "experts" telling employers to be on guard for employees who use social media with the added suggestion that you can (and perhaps should) fire anyone who says anything silly or mildly inappropriate on Facebook. If only it were that… Continue Reading
Facebook Fatigue: How Issues Over Employee Use of Social Media Have Become Mainstream
Posted in Human Resources (HR) Compliance, Social MediaAnother day, another story about an employee in hot water over Facebook posts. It’s becoming so commonplace that I must admit a bit of Facebook Fatigue on the subject. I mean, how many stories do we need about an employee who says something that they think is private on Facebook only to later discover that… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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