“Volunteering” your employees for social media tasks: Compensable?
Posted on 11-12-2015 by amanda-alge-bales

When I say the word volunteer , what comes to mind? How do you define volunteer? According to Merriam-Webster they define it as the following: “a person who does work without getting paid to do it.” However, as LexisNexis® Legal Newsroom , eludes to- volunteers (in some cases) might... Read More

Social networks & workplace investigations: Don't miss the smoking gun
Posted on 11-10-2015 by Doug Esten

In this day and age if there is ever a workplace investigation, one of the first places that should be check are social networks. According to LexisNexis® Legal Newsroom , social media played a big part in a recent workplace discrimination lawsuit. The lawsuit was filed by Brandon Waters, a former... Read More

Disciplining Employees for Social Media Posts [A Do’s & Don’ts Checklist]
Posted on 10-02-2015 by Jae Lee

In recent years, the National Labor Relations Board (NLRB) has closely examined employee discipline related to conduct over social media to ensure that employers do not infringe on employees’ rights under the National Labor Relations Act (NLRA). To minimize the risk of NLRB scrutiny, you should... Read More

Breastfeeding at Work - New Amendments That Affect Discrimination & Your Rights
Posted on 09-04-2015 by Edith Pearce

Do the Amendments to the Fair Labor Standards Act Go Far Enough? A Pennsylvania woman recently caused some measure of commotion and controversy online after posting a photograph showing her breastfeeding her own young son as well as the son of a friend whom she babysits. This photograph has generated... Read More

Disability and Pregnancy Leave Policies & Pay Equality: Problematic areas for employers | Lexis ® Practice Advisor #WomensEqualityDay
Posted on 08-27-2015 by Jae Lee

Handling leave requests is one of the more problematic areas faced by employers because of overlapping federal and state laws related to family and medical leave, leaves for pregnancy-related disabilities and military leave. Pregnancy and the potential medical complications which may arise are addressed... Read More

Deleting your social footprint permanently - Impossible?
Posted on 08-21-2015 by Tracie Morris

Many of us may have been told the following at some point: “ think about what you put on the internet because it’ll be on there forever. ” It is a common belief that once you delete an account online, that all your details are erased. Unfortunately for all those who are under that... Read More

Social Media and Employment Contracts [Lexis Practice Advisor®]
Posted on 08-14-2015 by Jae Lee

The popularity of social media has magnified the risks that employees and former employees will disseminate confidential information, damage an employer’s brand, and solicit an employer’s customers and current employees. Careful drafting of settlement, separation and restrictive covenant... Read More

Keep An Eye On The Clock: Exempt Employees & Timekeeping
Posted on 08-11-2015 by Christina Alge

Five ‘O Clock is widely seen as the finish line to the typical 9-5. 40- hour week job. This determine our pay check which determines our lifestyle. In order to get paid many of us have to keep track of the hours we worked. But what about those who qualify the federal Fair Labor Standards Act... Read More

Can you sanitize your client's social media pre-litigation? Yes, but ....
Posted on 08-07-2015 by Tracie Morris

As technology continues to play a greater role in our respective lives, it begs countless questions, such as the following: May I “Clean Up” My Client’s Social Media Pages in Advance of Litigation? According to Louisiana Legal Ethics, the question receives an answer of “yes... Read More

Social media: Can it champion notice to litigants & due process protection?
Posted on 07-31-2015 by Tracie Morris

The relationship between the legal profession and social media has been a work-in-progress for a while, but recently seems to heading toward a brighter future. According to Food Recall Monitor , litigators have become more social savvy and provided three cases that show how social media has played a... Read More

Violent Threats Over Facebook OK?; New Supreme Court ruling says so
Posted on 07-30-2015 by Tracie Morris

The internet, an open forum for the masses. We can find countless comments; some inspire us and others raise the hairs on the back of our necks. Free speech on the internet was further defined recently after the Supreme Court ruled in favor of rapper Anthony Elonis, according to USA Today . Elonis... Read More

Employee, Facebook and the Confederate Flag-Free Speech or Actionable Offense?
Posted on 07-23-2015 by Chad Troyan

The Confederate Flag has been at the center of debate as of late due to a the recent shooting at a South Carolina church. A picture of the shooter, Dylann Roof Storm, was later released which showed him posing with a confederate flag. Say an employee displays a picture of the Confederate flag on Facebook... Read More

Trolling, Trolling, Trolling: Hiring Managers Do Look You Up Online, Survey Says
Posted on 07-23-2015 by Tracie Morris

We all have been told at some point that it is “better safe than sorry”. When posting stuff on social media we should live by this, especially if we are currently looking for a job. Despite what you may have heard, according to LexisNexis Legal Newsroom , hiring managers do surf your social... Read More

Expansion of Social Media Workplace Privacy Law? One State Is Preparing For It
Posted on 07-16-2015 by Tracie Morris

Photo Credit: Shutterstock / Rawpixel No court case’s handlings is ever perfect as new questions always arise and EEOC v. Abercrombie no exception. According to LexisNexis Legal Newsroom , here are 2 questions that were left unanswered by SCOTUS: 1. What level of suspicion is required? While... Read More

Your overbroad social media policy could expose you to a NLRA violation
Posted on 07-14-2015 by Tracie Morris

In a recent article by Social Media & Employment Law , an advice memorandum on an employer’s Social Media Policy was recently published by the NLRB’s Office of General Counsel. The memorandum focused on KMOV-TV and a specific section of their policy labeled “Personal Activity”... Read More

Can your client socially erase "emotional distress" w/ a happy Facebook post?
Posted on 07-09-2015 by Christina Alge

I was always taught as a child growing up to “never judge a book by a cover” and that should be the case, however I guess parents of this generation should a line of fine print that says “unless you are in court.” According to Slate , appearing to be happy Facebook can be used... Read More

2 crucial questions left unanswered by SCOTUS in EEOC v. Abercrombie
Posted on 07-09-2015 by Tracie Morris

No court case’s handlings is ever perfect as new questions always arise and EEOC v. Abercrombie no exception. According to LexisNexis Legal Newsroom , here are 2 questions that were left unanswered by SCOTUS: 1. What level of suspicion is required? While Justice Scalia believed it was easy... Read More

The Love-Hate Relationship With Social Media: Maximize Opportunities Without Maximizing Risk [Webinar]
Posted on 07-06-2015 by Vanessa Lloyd

Social media poses enough risk for the ordinary user, but corporations, attorneys and agencies face even greater peril. You can—and must—avoid tripping over an ethical snare when using social media tools. You cannot avoid social media altogether, and the rules of engagement are not clear... Read More

Next Big Battle: Employment discrimination?
Posted on 06-30-2015 by Christina Alge

The United States have granted many rights to various demographics over the years. From African- Americans to Women, the county has grown to embrace the idea of equality. While the people of the LGBT community have seen improvements in the way they are seen and treated, they still lack many of the same... Read More

Who’s trolling Facebook to tap your ticked off employees? Some lawyers (3 tips)
Posted on 06-12-2015 by Doug Esten

We are all guilty of having social media rants and some of them (maybe all of them for some people) may be work related. Don’t be surprised if you get contacted by attorneys. To some peoples’ surprise, may attorneys scour social media looking for employees to possibly represent. So what... Read More

Facebook F-bomb aimed at manager = protected activity, NLRB rules
Posted on 05-28-2015 by Doug Esten

We have all had those days where someone mistreated us or is annoying the crap out of us. It stinks and what makes it worse is that sometimes we feel the best solution is to just go on a rant that includes a couple choice words and a couple F-bombs thrown in too. It’s shocking, but in some instances... Read More

Your ex-employee won’t tell you the password to your company’s LinkedIn page. Now what?
Posted on 05-22-2015 by Tracie Morris

Many companies now have their own LinkedIn page to market their company on a larger platform. In order for that marketing to be successful you need someone to watch over and manage the page. The Employer Handbook poses the following question: What happens when that person leaves and will not tell you... Read More

26.3% surge in FMLA lawsuits (2014): Why the “epidemic” of FMLA lawsuits?
Posted on 05-18-2015 by Ted Zwayer

Photo Credit: Shutterstock.com According to an article by LaborDays , the Administrative Office of the US Courts reported an alarming 26.3% jump Family Medical Leave Act (“FMLA”) lawsuits in 2014. This comes after an increase in the preceding two years: 291 cases (2012) and 877 cases (2013... Read More

Test your knowledge about Constructive Discharge: 5 Questions
Posted on 05-12-2015 by Doug Esten

Constructive discharge is a hot topic right now. So hot, last week the U.S. Supreme Court agreed to decide when exactly the statute of limitations begins to run on a constructive discharge claim. Below is a 5-question quiz about constructive discharge, thanks to this article available via the LexisNexis®... Read More

Employee social media gripes: An overview of what's protected?
Posted on 05-07-2015 by Tracie Morris

Social Media and the workplace is not a match made in heaven. In fact, they tend to complicate each other when they blend together, resulting in some people venting online about their jobs. Bad idea, right? Yes, however according to the Associated Press , any posts regarding work conditions are actually... Read More