Employment Matters Blog - A blog about current developments & issues in employment, labor & benefits law

By Martha J. Zackin

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.”  While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series of crude, sexually inappropriate jokes (click here for a link to Ms. Richards’ blog entry titled Forking and Dongle Jokes Don’t Belong at a Tech Conference).  She tweeted “not cool,” and asked for help in talking with the offending men.  The conference sponsors agreed with her, and spoke with the men.  One of the men took to Twitter on Ms. Richards’ behalf, tweeting that she "had every right to report me to [conference] staff, and I defend her position.”

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By Micha "Mitch" Danzig

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012. Recently Mintz Levin’s Mitch Danzig spoke about social media, independent contractors, and the law with George Chamberlin, executive editor of the Daily Transcript in San Diego, CA. The video of their conversation also recaps the Daily Transcript’s Employment Law Roundtable.

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By Martha J. Zackin

The NLRB has again weighed in on workplace social media policies.  And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful.  Specifically, citing both cases, the Board found that DISH Network’s social media policy improperly banned employees from making “disparaging or defamatory comments about DISH Network.”  The Board further found that the policy’s ban on negative electronic activities during “Company time” was unlawful because it failed to convey that negative discussion can occur during breaks and other non-working hours. 

You may read the DISH Network Corp.. decision here.  You may also read our blog entries about Costco, Karl Knauz Motors, and NLRB guidance on social media policies here, here, and here.

By Martha J. Zackin

What a year it’s been for the National Labor Relations Board! Under the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act, which includes the broad right “to engage in [ ] concerted activities for the purpose collective bargaining or other mutual aid or protection,” the NLRB has:

• Invalidated a policy prohibiting employees from making statements that “damage the Company, defame any individual or damage any person’s reputation” was overly broad, in that it would “reasonably tend to chill employees” in the exercise of their Section 7 rights to protest working conditions (read more);

• Found that a company’s blanket policy of requesting participants in an internal investigation to keep the investigation confidential improperly infringes on employees’ Section 7 rights (read more);

• Weighed in on employers’ social media policies (read more and more); and

• Otherwise sought to expand its considerable influence over both unionized and non-unionized workplaces (read more).

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We have written here about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process, and about Facebook's position on such requests.

My colleagues over at the Privacy and Security Matters Blog have weighed in, with an analysis of a new California la prohibiting employers from requesting or requiring access to social media accounts.  For more information, click here.

On May 30, 2012, the National Labor Relations Board (NLRB or the Board) Acting General Counsel issued a press release announcing publication of its report on social media, in which it examined seven cases involving policies governing the use of social media by employees. For information pertaining to the earlier two reports, click here.

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News outlets are all a-twitter about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process. Click here and here for here, for sample stories. The ACLU has weighed in, with the following statement:

It’s an invasion of privacy for private employers to insist on looking at people’s private Facebook pages as a condition of employment or consideration in an application process. People are entitled to their private lives. You’d be appalled if your employer insisted on opening up your postal mail to see if there was anything of interest inside. It’s equally out of bounds for an employer to go on a fishing expedition through a person’s private social media account.

Legislators in Illinois and Maryland agree, and have introduced bills restricting the practice. We will keep you posted as this story plays out, in the press, legislatures, and courts.

By Jillian M. Collins

The National Labor Relations Board (NLRB or the “Board”) released a report providing important guidance to employers on drafting social media policies that comply with its interpretation of labor laws. The report draws on several recent cases addressing employer policies limiting the use of social media by employees, and builds on a similar report issued last fall.

According to a press release issued by the Board, the report underscores two main points:

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By H. Andrew Matzkin and Tyrone P. Thomas

My colleagues Drew and Tyrone just published an alert relating to the always-interesting topic of employees use of social media, and the risks to employers who discipline employees for posting statements relating to the conditions of their workplace.  You can read the entire alert here.