Posts tagged Social Media.

Boy, the Detroit area seems to be in the front lines for the gender-identity wars.

As I've previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile gender-stereotyping lawsuit going on against an area funeral home chain based on its discharge of a transgender employee. The funeral home is represented by the Alliance Defending ...

I've been vacationing by the shores of Gitche-Gumee this week, so I'm trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let's just call it "Last Week Today." (Hey! I'm on vacation!)

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Miner's Castle, Pictured Rocks National ...

Four quick thoughts on the Ashley Madison hack:

1. Should you post anything on the internet that you wouldn't want to see on the front page of the New York Times? "No" used to be standard advice, but that isn't practical any more. I do online banking, but that doesn't mean I want my financial information all over the internet. Nor my credit card information, which is stored with ...

For a guy who doesn't tweet, Jim Coleman - head of Constangy's Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group - has suddenly become an awfully big Twitter celeb.

(Or anyway, as big a Twitter celeb as employment lawyers ever become.)

It all started last weekend, when I got a tweet from Suzanne Lucas, the Evil HR Lady:

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As I told Suzanne, I really wasn't sure, so ...

Should an employer post high-level vacancies? Do Twitter birds fly?

Shortly before Ellen Pao lost started a "conversation" about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. In the latest one, software engineer Tina Huang has sued Twitter in California on behalf of herself and other female employees.

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"A ...

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law Apr.Fool.ELBC.Foolblog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O'Reilly, workplace violence, and inspirational employees -- we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you'd like to comment.

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As the world turns . . .

Supreme Court justices seem to side ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

The National Labor Relations Board is busy -- the Board came out late last week with a decision saying that employees can have access to their employers' email systems for organizing activities under most circumstances. David Phippen has the full story here.

Also, on Friday, the Board issued its final rule on "quickie elections." David is reviewing the new rule and will have a ...

I'd like to thank Sarah Phaff of our Macon, Georgia, office, who wrote this post with me.

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Fully clothed selfie: Kate Upton, eat your heart out!

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty of technology ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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