employment lawyer in san francisco ca

Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace


Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace

What are your policies about using personal mobile devices in the workplace?

Have you, or someone you know, recently bought a personal mobile device (iPad, iPod, Smartphone, Android Tablet, etc.)? Do you plan on giving (or hope to receive) such devices during the upcoming holidays? If so, you are like millions of others in the country.

Employers: are you prepared for the continued increase of employees with personal social media devices?

Employees: are you planning to use your personal mobile devices in the workplace, or to bring your devices to work, and if you so, what issues do you face?

Employers should take steps now to implement new, or revisit old, policies to address the continuing influx of personal mobile social media devices. Some of the issues focus on data/security breaches, wage and hour issues, and ensuring policies are as state-of-the-art as the technology the policies deal with. Employees should thoughtfully consider if they wish to use personal devices for work purposes, or to even use such devices at the workplace. In my article titled “More Employees With Personal Mobile Devices Means More Problems In The Workplace” I examine a few of these important issues.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.

Surprising Facebook Firing Decision By The National Labor Relations Board


Surprising Facebook Firing Decision By The National Labor Relations Board

This Facebook firing decision may surprise you.

Employee takes pictures of events at work. Employee posts pictures of those events on his Facebook page. Employee also makes sarcastic comments about the pictures and events. Employee is fired for these activities.

This chain of events is becoming more and more common. Discharged employees have typically gone to Court to pursue their claims. Lately, though, the National Labor Relations Board (“NLRB”) has become very active regarding issues concerning social media use in the workplace. In October 2012, the NLRB issued its first Facebook Firing decision. In my article, I examine the case and explain the decision reached by the NLRB; a decision that may surprise you.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.

How Naked Twister Can Affect Employment Claims


How Naked Twister Can Affect Employment Claims

Will your Facebook posts negate your employment claim?

Not too long ago, before social media, if people talked about playing naked twister, or going into hot tubs au naturel, they kept such discussions private and behind closed doors. Now, however, many of those same folks are comfortable posting about such activities on their (or their “friend’s”) Facebook wall. One woman in Tennessee did just that. Unfortunately, for her, she was also claiming that her workplace was a sexually hostile work environment.

In my post titled “Social Media and Employment Law: Naked Twister and Litigating Employment Claims” I detail more about this litigant’s claims, her Facebook posts, how the defendant (former employer) utilized such posts, and what the Judge decided at summary judgment. Let me know in the comments section how you would determine the case if you are on the jury (based on the limited facts), and whether you think discovery into such posts is reasonable/relevant, or should be off-limits.

Employers: Six Policies To Update Along With Your Social Media Policy


Employers: Six Policies To Update Along With Your Social Media Policy

Does your business have a social media policy?

Has your company been working diligently to create a state-of-the-art Social Media policy? If not, it should. And, it shouldn’t stop with just that one policy. Due to the omnipresence of social media, employers should also update many of their other policies (including some policies that do not have an obvious link to employee use of social media).

In my article, titled: “Social Media Policy For Employers: 6 Additional Key Policies To Update” I focus on a few somewhat obvious, and a few not-so-obvious, policies that employers should update to make sure they are coordinated with the company’s social media policy. My August 2012 Social Media and Employment Law contribution to Windmill Networking analyzes only six policies. But, there are many more. Let me know if you can think of others and what your company is doing, or has done, to update such policies and Employee Handbooks.

ADR for Employment Disputes


ADR for Employment Disputes

What do you do if you have an employment dispute?

The California State Court System is faced with deeper and deeper budget cuts, staff reductions, and slow-moving dockets. An article titled “Court Funding and the Impact of Budget Cuts On Access to Justice” in the August 2012 issue of the Contra Costa Lawyer magazine complies some of the recent news articles about the dire situation. The August 2012 issue also contains several articles geared towards ADR – Alternative Dispute Resources.

I, along with a colleague, Michelle Regalia McGrath, wrote about ADR geared towards employment claims, including wage and hour, discrimination and harassment. We provide analysis of how employers and employees can avoid disputes in the first place, and some alternatives to Court, including the Labor Commissioner’s Office, the California Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission. I invite you to read our article and let us know of other alternative dispute resources you or your employer have taken advantage of to avoid a lengthy court case.