Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social media. What can employers do about employees who share messages the employer “dislikes”? California, of course, does not provide many easy answers.

What’s the “Story” With an Employer
Continue Reading Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Synopsis: Companies marketing through social media are likely familiar with social media influencers like the Kardashian/Jenners in cosmetics, DanTDM in gaming, and Kayla Itsines in fitness. California companies using the services of such influencers must be mindful, as always, of California peculiarities when it comes to classifying these individuals as contractors or employees.

As anyone who
Continue Reading Hiring Influencers: Are You Playing With Fyre?

Seyfarth Synopsis: While targeted social media ads may help employers find potential applicants with specific skill sets, inartfully crafted ads may open the door to discrimination claims, particularly in California.

We’ve already told you about the parade of horribles employers may face when using social media when making hiring decisions.

Well, more social media, more problems.

Micro-Targeting May Open The
Continue Reading Is Looking For Applicants On Social Media Looking For Trouble?

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and disclosures, while spelling out the consequences for violations. Employers must not retaliate against employees for their lawful out-of-office behavior.

People are used to sharing everything
Continue Reading Raging Bull: Getting Beat Up On Glassdoor?

Seyfarth Synopsis: As Californians grow tragically familiar with wildfire, California employers face another threat of fire in the form of defamation lawsuits. The rapidly burning #MeToo anti-harassment movement, and constant talk in the news about peoples’ reputations being destroyed, has rained down fire and fury for California employers forced to consider possible defamation lawsuits by current or former employees.

Stoking
Continue Reading Defamation: Containing Fire and Fury in the Deep Blue State

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’  expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?” A common question, whether at a party, catching
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

Seyfarth Synopsis: Social media information—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the owner’s perspective and documented in real time—can be a  goldmine of information to defend employment lawsuits. Read on for thoughts on how to extract and refine this information, and what limits to observe in using it.

Social media and discovery is an
Continue Reading What’s Not to Like? Using Social Media In Employment Litigation

Seyfarth Synopsis:  Protecting trade secrets from employee theft requires more than using an NDA when onboarding employees. If businesses want to protect confidential information, they need a cradle-to-grave approach, reiterating employee obligations regularly, including during exit interviews. (Yes, you need to do exit interviews!)

Headline stories in intellectual property theft tend to involve foreign hackers engaged in high-tech attacks to
Continue Reading About That Trade Secret Leak: It’s From Inside The Business!

iStock_000006895318_LargeWe all know that social media and privacy issues in the workplace can be a bone-chilling proposition.  Before you go snooping into your employees’ social media accounts to see whether it’s filled with tricks or tweets, please be sure to review our frightfully informative 2015-2016 Edition of the Social Media Privacy Legislation Desktop Reference.  Without it, one never knows what
Continue Reading Social Media Nightmares? New Desktop Reference Scares Them Away!

HiResYou’re reading a blog post, and thus need no primer on the prevalence of social media. But you may not be aware of the pitfalls facing employers that use, monitor, or implement policies regarding social media.

Employers can face liability for a wide variety of social media-related practices. For example, if you thought employers generally could prohibit employees from picking
Continue Reading To Follow or Not To Follow … (Social Media in the Workplace—Part 1 of 2)