Personal Gripes v. Protected Concerted Activity: Where To Draw The Line Regarding An Employee’s Job-Related Complaint On Social Media?

By now, many people have heard about the Yelp/Eat24 employee who published a rant last month on social media platform Medium addressed to Company CEO Jeremy Stoppelman relating to how her entry-level compensation prevented her from affording food and otherwise living comfortably in the Bay Area. Shortly after the post was published, the employee tweeted

Is Inconsistent Application Of Social Media Policy Evidence Of Discrimination?

A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim. The television station in question, KTBS, had implemented a social media policy that included a prohibition on employees responding to viewer complaints. The station also

Second Circuit Affirms NLRB Decision Employers Won’t Like

Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the employer’s termination of the employees was an unfair labor practice under the Act. The Second Circuit recently affirmed the NLRB’s decision.

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium subscribers, including many employers, violate the Fair Credit Reporting Act (“FCRA”). Ruling on LinkedIn’s motion to dismiss, Northern District Magistrate

EEOC and NLRB Continue to Focus on Employers’ Use of Social Media

At a panel discussion held on November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Member Harry Johnson, III, and EEOC Commissioner Chai Feldblum discussed several topics important to employers, including the use of social media to screen job applicants. All of the panelists agreed that employers must be careful when reviewing social media profiles

Class Action Suit Alleges LinkedIn Violated FCRA By Providing Employers With Reference Reports

Another interesting case filed in California recently highlights the myriad risks employers face when using social media as part of their hiring process. A class action lawsuit was filed in the Central District of California against LinkedIn based on allegations that the reference reports LinkedIn generates for premium subscribers, including many employers, violate the Fair

EEOC Addresses Employers’ Use of Social Media in Hiring Decisions at Recent FTC Workshop

The Federal Trade Commission recently hosted a public workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” in which it addressed the increasing number of legal issues raised by companies’ collection, analysis, use, and storage of data.  While increasing access to big data provides companies with benefits, such as improved product offerings, more efficient

To Monitor or Not To Monitor: Two Different Perspectives

With the increased use of social media by the public in general, one of the biggest questions employers face is whether to review an employee’s or job applicant’s social media accounts. An interesting article from today’s Wall Street Journal highlights two different perspectives on this issue. In one corner, Nancy Flynn from The ePolicy Institute