Prohibiting Employees From Taking Photos or Video (Guest Post)

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GUEST POST: Cameron J. Evans is my partner at Honigman Miller Schwartz and Cohn LLP. He is a nationally recognized employment attorney with extensive experience representing employers in state and federal courts, administrative agencies and private arbitrations in employment-related litigation, including class and collective action litigation.  He has significant jury trial experience in both federal and[...]

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How Social Media Law Developed in 2012

In January of this year, I wrote an article for Mashable called “5 Predictions for Social Media Law in 2012.”  As the year comes to a close, I’m happy to report that all five came true.  Let’s take a look: 1.  Facebook Litigation Brings New Attention to the Right of Publicity.  A year ago, a[...]

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For Your Social Media Policy, NLRB Says: Think Walmart

Walmart represents many things to many people.  For Lafe E. Solomon, Acting General Counsel of the National Labor Relations Board, it represents the perfect social media policy.  On May 30, 2012, the NLRB released the third of Solomon’s reports on social media and federal labor relations law (read about the first two here and here).[...]

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New Year Bring New Guidance from NLRB on Employees and Social Media

The National Labor Relations Board is at it again. In August 2011, its Acting General Counsel, Lafe E. Solomon, issued a report summarizing several of its then-pending enforcement actions dealing with social media.  These are disputes in which an employee was disciplined or terminated for something he or she posted online.  In many of these[...]

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NLRB Releases Detailed Memo Summarizing Its Social Media Cases

Yesterday, August 18, the National Labor Relations Board released a memorandum authored by its Acting General Counsel, Lafe E. Solomon.  The 24-page memo summarizes the facts and holdings in each of the social media-related cases his office has been involved in over the past year.  It doesn’t identify the cases by name (although you may[...]

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Some Employees’ Online Rants Cross the Line: New Guidance From the NLRB

As I’ve previously discussed, the National Labor Relations Board has taken the stance in several recent cases that employees’ griping about their employers in social media sites was “concerted activity” protected by federal labor laws.  Many people have felt that those cases set a disturbing precedent and overly restricted employers’ ability to protect their reputations[...]

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Employee Rights and Social Media – A Summary of NLRB Enforcement Activity

When can an employer go too far in punishing employees for their statements in social media? The National Labor Relations Board caused a stir in October 2010 by filing its first enforcement action related to social media.  Specifically, the Board alleged that American Medical Response of Connecticut, Inc. violated federal labor law by terminating an[...]

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