Attorneys for FLSA class-action defendant Gawker are opposing plaintiffs’ request to expand potential avenues of class notification via social media. Former interns of the blog site Gawker, a website that promotes itself as a “one-stop guide to media and pop culture,” filed a Fair Labor Standards Act class action against the company in June of
Court holds employers not liable for employee defamatory online speech made using employer computers. Plaintiffs can’t take the money and run!
There seems to be a news story every day detailing employee misuse of social media. In fact, in a recent survey released by Proskauer Rose LLP, more than 70 percent of the 110 businesses surveyed reported they had to take disciplinary action against employees for misusing the technology.
Living in the U.S.A., we have
NLRB’s opposition towards broad social media and other employer policies keeps popping up
Does your handbook or social media policy say something like this:
“If you comment about the Company on the Internet, you must say that your views are not those of the Company.”
“Do not use the Company’s logo or other trademarks on social media.”
“You may not discuss the Company’s confidential business plans on the
Daughter’s Facebook brag underscores the enforceability of confidentiality clauses in settlement and severance agreements
We all understand the importance of including a confidentiality clause in settlement, severance, and separation agreements. While nothing can prevent a departing employee from going on a conspicuous shopping spree or driving around town in a flashy new car with his/her settlement dollars or severance payment, employers want to avoid a situation where a former employee openly discloses the amount of a settlement or severance payment and encourages legal challenges by other employees who may have different circumstances than the employee receiving the payment and/or causing discord among current employees who feel cheated by the departing employee receiving a payment they do not believe the employee deserved. A recent Facebook mistake by the daughter of a plaintiff who settled a lawsuit with his former employer highlights the need for well drafted confidentiality clauses. In a story making news beyond just the human resources and legal circles, Dana Snay’s Facebook post cost her father his $80,000 settlement.
Continue Reading Daughter’s Facebook brag underscores the enforceability of confidentiality clauses in settlement and severance agreements
When an Employee’s 10-Foot-Tall and Bulletproof Attitude on Social Media Becomes a Workplace Reality (and Nightmare)
It’s hard to believe that what someone says on social media may not be the whole truth and nothing but the truth. The truth is, people are more likely to say things on social media sites, like Facebook and Twitter, that they would never say to or about a person directly because the computer gives people a false impression that they can say or do whatever they want without repercussion. But as we have warned time and time again, comments made on social media sites may not be as private as the commenter may believe and can be very damaging, especially when those comments concern workplace issues, and even more so when they make allegations of workplace misconduct. Debord v. Mercy Health System of Kansas, Inc., Nos. 12-3072 and 12-3109 (10th Cir. Nov. 26, 2013) is a case that demonstrates just how an employee may feel 10 feet tall and bulletproof sitting at a computer keyboard, but whose tone changes when the repercussions from a social media post become all too real.
Continue Reading When an Employee’s 10-Foot-Tall and Bulletproof Attitude on Social Media Becomes a Workplace Reality (and Nightmare)
Fourth Circuit Holds “Liking” a Facebook Page is Protected Speech in the Public Employment Context. What Does This Mean In the Private Employment Context? Well, It Won’t Stop Those Annoying Farmville or Candy Crush Invitations
Within the last month, courts have taken steps to protect communications made via social media. For example, in Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013), which we reported on here, the United States District Court for the District of New Jersey held that private Facebook posts are protected under the Stored Communications Act. On the heels of that decision, the Fourth Circuit Court of Appeals in Bland v. Roberts, 12-1671 (4th Cir. Sept. 18, 2013) overturned a district court decision that had held that public employees’ Facebook “Likes” were not protected speech under the First Amendment. (Remember of course, that public employees, unlike the employees of private businesses, have limited First Amendment rights to speak out on matters of public concern.)
Continue Reading Fourth Circuit Holds “Liking” a Facebook Page is Protected Speech in the Public Employment Context. What Does This Mean In the Private Employment Context? Well, It Won’t Stop Those Annoying Farmville or Candy Crush Invitations
One Facebook Firing Case. Two Terminations. NLRB Finds Only One Unlawful and Notes How It Treats Malicious and Untrue Posts
In another Facebook firing case, involving two separate terminations, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) ruled that a company violated and did not violate the National Labor Relations Act (the Act) after terminating employees for posting comments on Facebook.
Continue Reading One Facebook Firing Case. Two Terminations. NLRB Finds Only One Unlawful and Notes How It Treats Malicious and Untrue Posts
Video Interview: Discussing the “Frenemy” Facebook Firing Case with LXBN TV
Following up on my recent post on the case, I had the chance to speak with Colin O’Keefe of LXBN regarding the New Jersey case in which the court ruled an employer could fire an employee for a Facebook update reported to them by the employee’s coworker and Facebook Friend. In the interview, I explain the basics of the case and what we can learn from it.
Continue Reading Video Interview: Discussing the “Frenemy” Facebook Firing Case with LXBN TV
Court Finds Non-Public Facebook Posts Are Covered By The Stored Communications Act–But Not Posts Produced By A User’s Frenemy
As long as there has been Facebook, attorneys have been scratching their heads asking whether Facebook posts fall under the purview of the Federal Stored Communications Act (“SCA”). In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (WJM) (D.N.J. Aug 20, 2013) the District Court for the State of New Jersey gave us its opinion by holding that non-public Facebook posts, which are configured to be private are indeed covered under the SCA because they are…
Continue Reading Court Finds Non-Public Facebook Posts Are Covered By The Stored Communications Act–But Not Posts Produced By A User’s Frenemy
When Managers and Social Media Collide: Court Finds That Blog and Drunken Facebook Posts By Coyote Ugly’s Managers Do Not Amount to Adverse Actions or are Enough for Constructive Discharge Claim
Stewart v. CUS Nashville, LLC, No. 3:11-cv-0342, 2013 U.S. Dist. LEXIS 16035 (M.D. Tenn. Aug. 8, 2013) serves as a cautionary tale to employers about the disastrous impact that can happen when managers and social media collide. And while this case turned out well for the employer in the end, that end was