Legal Updates

September 30, 2014: NCERT Seminar On Workplace Investigations


September 30, 2014: NCERT Seminar On Workplace Investigations

How employers investigate and resolve employee complaints of discrimination, harassment, retaliation and other misconduct can have a serious impact on liability, workplace morale, productivity and culture. I am proud to announce that the Northern California Employment Round Table (NCERT) has scheduled a top-notch presentation titled “Responding to Employee Complaints: From Investigation to Resolution.” This presentation will be held on September 30, 2014 from 8:30-10:30a.m. at the County of Alameda Administration Building in Oakland, CA.

As President of NCERT, I have the honor of welcoming all attendees and introducing our distinguished panel comprised of:

Human Resources professionals, attorneys, business owners and executives should not miss this event. For further details and registration information, please refer to this flyer. I look forward to seeing you there!

Pitfalls To Avoid With Employee Advocacy


Pitfalls To Avoid With Employee Advocacy

Employee advocacy” is a hot topic among marketers and PR folks these days. This focus on using employees to spread a company’s message via social media is an exciting and seemingly perfect fit for many companies. Simply, why shouldn’t a company harness the power of a faithful workforce? Unfortunately, there are many legal issues that should be examined before any company turns employees loose on social media.

In my post titled “5 Employment Law Considerations For Employee Advocacy” for Maximize Social Business, I examine some of the legal pitfalls to be avoided regarding employee advocacy. Let me know what further pitfalls your company has faced and/or has already addressed? Does your company embrace employee advocacy?

The Law On Social Media and Employment Is Still Evolving


The Law On Social Media and Employment Is Still Evolving

Social media and technology keep advancing at a rapid pace. The law has furiously been trying to catch up. For a short time, the National Labor Relations Board (“NLRB”) was at the forefront of creating the framework for social media and employment law. In June 2014, however, the U.S. Supreme Court stalled, at least temporarily, the NLRB’s efforts to create new guidance.

In my July 2014 post for Maximize Social Business, I briefly analyzed the case of National Labor Relations Board v. Noel Canning and how the Supreme Court will impact the NLRB’s progress. And, I specifically analyzed how this court decision will impact the landscape of social media and employment law. Only time will tell if the NLRB will catch up with its work before technology moves beyond today’s workplace technologies.

Deleting Your Facebook Posts Could Cost You


Deleting Your Facebook Posts Could Cost You

Deleting Facebook posts may get you in hot water legally.

Most everyone has read about warnings concerning sharing too much information on social media and employees who have posted videos, photos or comments that have resulted in getting “Facebook fired.”

Most folks do not know, however, that deleting social media posts, can, if deleted at certain times, can result in Court sanctions. In my post titled “Former Employee Sanctioned For Deleting Posts on Facebook” for Maximize Social Business, I analyze a recent case from Nevada. Learn why a Court in a sexual harassment case instructed a jury against someone who deleted Facebook posts about her former employer.

Employers: Your Biggest Social Media Risks Identified


Employers: Your Biggest Social Media Risks Identified

Has your business identified your social media risks?

According to a recent world-wide survey, one of the biggest risks employers face regarding social media is: not properly training employees about social media policy. Over 37% of employers who responded to the survey proudly declare they have an air-tight social media in the workplace policy, but they fail to train employees about that policy. Making the additional investment of training can greatly reduce employee misuse of social media and can cut down the business’s need to impose discipline on employees.

The other greatest risk to employers focuses on former employees. A paltry 17.5% of businesses have provisions protecting against misuse of social media by former employees. These employers recognize that a person’s use of social media does not cease just because he or she changes jobs.

In my post for Maximize Social Business, I examine more results from this world-wide survey of businesses and offer some best practices for employers to follow.