robert's blog

DISTRICT COURT STRIKES DOWN NEW NLRB ELECTION RULES

The United States Chamber of Commerce (:Chamber”) has successfully challenged the National Labor Relations Board’s (“NLRB”) new election rules that were designed to expedite holding  union representation elections  after an election petition is filed. 

EMPLOYEES WHO VIOLATE COMPUTER USE POLICIES NOT SUBJECT TO CRIMINAL SANCTIONS

EMPLOYEES WHO VIOLATE COMPUTER USE POLICIES NOT SUBJECT TO CRIMINAL SANCTIONS

On April 28, 2011, a three (3) judge panel of the Ninth Circuit Court of Appeals provided employers with some temporary unexpected good news and increased protection to their trade secrets and other confidential information when it held that an employee who misuses a computer in violation of a computer use policy with fraudulent intent violates the Computer Fraud and Abuse Act (CFAA).  Last week, the full Ninth Circuit reversed the three (3) judge panel and clarified the application of the CFAA to individuals who breach company computer policies. United States v. Nosal, No. 10-10038 (9^th Cir. April 10, 2012).

Employees Personal Use of Social Media: NLRB Fills Void With New Guidance

Natura abhorret vacuum[i]

EMPLOYEES’ PERSONAL USE OF SOCIAL MEDIA: NLRB FILLS VOID WITH NEW GUIDANCE FOR WORKFORCES, UNION OR NOT

Many of our clients have asked whether employers may prohibit employees from posting comments on social media sites such as Facebook or Twitter that negatively impact their organizations or disparage their employer, supervisors or coworkers. The answer, like almost every other question in the law, has been, ‘it depends.’

Form Social Media Policy

SAMPLE * NOT LEGAL ADVICE * SAMPLE*

SOCIAL MEDIA POLICY: Employees’ Personal Use of Social Media

For purposes of the Company’s Social Media Policy, “social media” includes web applications that facilitate information sharing and collaboration such as  forums, online social networking sites, blogs, virtual worlds, online profiles, wikis, podcasts, pictures and video, email, instant messaging, music-sharing, and voice over IP.  Examples of social media applications are LinkedIn, Facebook, MySpace, Wikipedia, YouTube, Twitter, Yelp, Flickr, Second Life, Yahoo groups, Wordpress and ZoomInfo.

HIGH SCHOOL DIPLOMA REQUIREMENT MAY VIOLATE THE ADA

On December 2, 2011, the EEOC posted on its website an “informal discussion letter” in which it discussed the extent to which a requirement by an employer that a job applicant have a high school diploma may violate the Americans with Disabilities Act (“ADA”).  The requirement of a high school diploma has long been used by many  employers to screen job applicants.

LABOR BOARD MAKES END RUN AROUND CONGRESS BY APPROVING NEW RULES FOR UNION ELECTIONS

In a significant win for organized labor, the National Labor Relations Board (“NLRB”) approved sweeping new rules that will speed the process for union elections in the workplace.

SUBSTANCE ABUSE IN THE WORKPLACE COSTS BILLIONS

Each year, substance abuse costs employers in the United States billions of dollars in expenditures for health care, workplace injuries, disability and sick leave payments and productivity losses.

EEOC Charges On The Rise

The Equal Employment Opportunity Commission ("EEOC") recently released statistics for the Fiscal Year ending September 30, 2011.   The EEOC received a total of 99,947 charges of workplace discrimination in Fiscal 2011.

New District Court Decision Allows Equitable Estoppel FMLA Claim

A new decision from the Eastern District of Pennsylvania may impact employers with remote offices with fewer than 50 employees.

Federal Labor Law's Impact on Social Media in the Workplace

Social Media is an emerging area in employment law and presents new challenges for all employers.   Many of our clients have asked whether they can  prohibit employees from making disparaging remarks about employers and also monitor employee usage of social media.  The answer, like almost every question in the law is, it depends.