Social Media

Court approves discovery questionnaire seeking social media information

Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social […]

NLRB issues Hispanics United Facebook firing decision

Is the NLRB following a Mayan calendar? It seems there is a flurry of activity coming from the board as we head into the calendar-year end. Included in that activity is the release of Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012). This case has been on the radar for many social media […]

Employers can avoid holiday party liabilities ~ as a ’tis the season rhyme

Twas the employer’s holiday party, getting all away from the house Employees were stirring, excited to be out The company took many precautions with care To avoid claims of liability after the celebratory affair Tables were lined with food and employees were well fed So none of the eggnog would go too far to their […]

LinkedIn and “Recommending” – A refresher on potential liability

Lately I’ve noticed a lot of people are taking greater advantage of LinkedIn’s “recommending” feature. With this tool, a user can request that another user comment on that individual’s professional performance, skill, reputation, and the like. Not only is this feature available, but LinkedIn actually suggests you request a recommendation to complete your profile. Unlike […]

Social media policy concerns gain traction as NLRB issues first decisions

In-house counsel can take lessons from two recent NLRB decisions Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “Social media policy concerns gain traction as NLRB issues first decisions.” The article discusses the National Labor Relations Board’s (NLRB) two recent decisions regarding employers’ social media policies. […]

NLRB issues first social media decision

For those following social media and labor law, this month was noteworthy as the National Labor Relations Board issued its first decision taking on an employer’s social media policy in Costco Wholesale Corp., 358 NLRB No. 106 (2012). You may recall that over the last year the NLRB Acting General Counsel issued a series of […]

Legislation seeks to ban employer use of employee social media passwords

Chicago Partner Mark Spognardi recently wrote an article, “Legislation seeks to ban employer use of employee social media passwords: Companies could face privacy or discrimination suits for requesting personal log-in information,” that discusses the recent legislative trend seeking to prohibit employers from asking applicants and employees for usernames and passwords to their social media networking […]

Illinois prohibits employers from seeking social networking passwords

On August 1, 2012, Illinois Governor Pat Quinn signed into law a bill that prohibits employers from requesting or requiring employees or prospective employees from providing “any password or other related account information” to gain access to the individual’s social networking account. Ill. Public Act 097-0875. By enacting the legislation, Illinois joins Maryland as states […]

NLRB General Counsel issues third social media memo

On May 30, 2012, the Office of the Acting General Counsel of the National Labor Relations Board issued a third memorandum discussing recent cases addressed by his office that involve social media. As with the prior publications by the Acting General Counsel on this subject, this memorandum is designed to provide guidance for the public […]

Charles W. Pautsch and Jesse R. Dill write article in Thomson Reuters News & Insight Legal on social media and Section 7 of the National Labor Relations Act

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch (pictured far left) and Associate Jesse R. Dill (pictured near left) have written an article that appeared in the April 24 issue of Thomson Reuters News & Insight Legal. The article, titled “Social media and Section 7: Why companies should think N-L-R-A when employees p-o-s-t,” discusses a […]