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Employers Grapple with Workers’ Off-Duty Behavior

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically charged behavior are your employees, and the conduct happens off the clock, is it appropriate or even possible to discipline them? Access the article.

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Privacy and Data Protection: 2012 Year in Review

For more information, please contact Heather Egan Sussman, Daniel F. Gottlieb or Rohan Massey. Privacy and data protection continue to be an exploding area of focus for regulators in the United States and beyond.  This Special Report gives in-house counsel and others responsible for privacy and data protection an overview of some of the major developments in this area in 2012 around the globe, as well as a prediction of what is to come in 2013. To read the full article, click here.

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Acting General Counsel of the NLRB Issues Second Report on Social Media

by Heather Egan Sussman, Linda Doyle and Sabrina Dunlap On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The report (Operations Management Memo) addresses 14 cases related to social media and employer social media policies.  Many of the cases reviewed involved employees who had been discharged after they posted comments on Facebook. The general counsel found that a number of the terminations were improper because employees had engaged in protected activity and their terminations arose from unlawful employer policies. However, the general counsel upheld several terminations - despite overly broad employer policies - where the employees involved were not engaged in protected activity and had merely posted general complaints or individual gripes unrelated to working conditions or wages. The report emphasizes...

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NLRB Releases Report on Social Media Decisions

by Sabrina E. Dunlap, Stephen D. Erf and Heather Egan Sussman In April 2011, we issued a blog post outlining some of the National Labor Relations Board’s (NLRB) decisions regarding employee use of social media (the post can be accessed here). In an effort to provide guidance on the issue, the Acting General Counsel of the NLRB (General Counsel) recently issued a report (found here) addressing cases from the past year arising in the context of social media use. The report uses 14 cases to illustrate how the General Counsel’s office determines that use of social media qualifies as protected concerted activity, and when the mere contents of an employer’s social media policy can give rise to liability under the National Labor Relations Act (NLRA), even when an employer’s employees are not represented by a union. While the distinction between protected and unprotected activity on social media sites is not always obvious, several trends emerge from the illustrative...

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