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 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...
