by Josh Scharff | Jun 27, 2017 | NLRB, Social Media, Union Organizing
A few months ago, the Second Circuit considered the case of a catering company server who was fired for posting this comment about his supervisor on Facebook (profanity edited): Bob is such a NASTY MOTHER F[@%#*!] don’t know how to talk to people!!!!!! F[@%#*!] his...
by Josh Scharff | May 31, 2016 | Public Sector Employees, Social Media
Earlier this month, Director of National Intelligence James Clapper authorized Security Executive Agent Directive Five, which permits the federal government to consider information from social media sources in background checks for security clearances. This new policy...
by Josh Scharff | Oct 16, 2013 | Employment Law, Social Media
State lawmakers have had an active year enacting laws that prohibit employers from accessing applicants’ and employees’ private social media sites. As we reported earlier, Nevada recently joined the growing list of states with such protections. This past...
by Josh Scharff | Sep 19, 2013 | Employment Law, Free Speech, Public Sector Employees, Social Media
Bland v. Roberts Reverses District Court’s Take on the Facebook “Like” Button. The Fourth Circuit ruled yesterday that a public employee’s decision to “like” a candidate’s Facebook page amounted to free speech that is protected under the First...
by Josh Scharff | Sep 12, 2013 | Employment Law, Social Media
The list of states that have enacted laws prohibiting employers from accessing applicants’ and employees’ private social media sites keeps growing, and Nevada is the latest addition. This past summer, Governor Brian Sandoval signed Assembly Bill 181 into law. Section...
by Michael Gan | Jul 3, 2013 | Employment Law, Social Media
Social Media Protections Extended to Employees and Job Applicants in Oregon. Add Oregon to the list of states enacting laws prohibiting employers from accessing their employees’ private social media sites. The new Oregon law becomes effective January 1, 2014 and...
by Jean Marc Favreau | Jan 23, 2013 | Employment Law, Labor Law, Social Media
A recent article by the New York Times’ Steven Greenhouse nicely lays out the current state of NLRB rulings and state laws dealing with employees’ use of social media. Cyber-Screening Protections In addition to highlighting recent NLRB reports rulings that...
by Jean Marc Favreau | Aug 2, 2012 | Employment Law, Social Media
A few weeks back, we reported on a cutting-edge Maryland law that protects employees and job applicants from having to reveal their Facebook, Twitter, or other social media passwords to employers. On August 1, Illinois Governor Pat Quinn signed a similar bill into...
by Josh Scharff | Jun 8, 2012 | Employment Law, Labor Law, Maryland Labor Law, Social Media
The State of Maryland had a busy month of May on the forefront of labor and employment law. On May 2, Maryland became the second state to officially recognize a labor relations privilege when Governor Martin O’Malley signed Senate Bill 797 into law. On that same day,...
by Josh Scharff | May 30, 2012 | Labor Law, Social Media
Earlier today, the National Labor Relations Board Acting General Counsel, Lafe Solomon, released a third report on social media issues and the workplace. The NLRB released its first report on social media issues in August 2011 and a second report in January 2012. The...
