Tag Archives: social media

Take 5 Newsletter: Five Workforce Management Challenges in Unprecedented Times

Employers across all industries are deep in the midst of exciting but unchartered and fluid times. Rapid and unforeseen technological advancements are largely responsible for this dynamic. And while there is a natural tendency to embrace their novelty and potential, the reality is that these advancements are often outpacing our regulatory environment, our bedrock legal constructs, and, in some cases, challenging the traditional notions of work itself.

For employers, this presents numerous challenges and opportunities—from the proper design of the portfolio of the modern workforce, to protecting confidential information in an increasingly vulnerable digital world, to managing resources across less and less predictable borders, and to harnessing (while tempering the power of) intelligence exhibited by machines.

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Social Media Content Key for Non-Solicit Violations – Employment Law This Week

Featured on Employment Law This Week – An Illinois appellate court weighs in on social media and solicitation. The case involved a defendant who sent LinkedIn connection requests to three former coworkers, even though he had signed a non-solicit agreement. In considering whether social media activity violates non-solicitation agreements, other courts have drawn a distinction between passive social media activity and more active, direct activity. Though these requests were made directly to the former coworkers, the court in this case ruled that the content constituted passive activity because the defendant did not discuss his new job in any way, nor did he directly attempt to recruit his former coworkers. The court concluded that sending the connection requests did not violate the prohibition against inducing co-employees. Brian Spang, from Epstein Becker Green, has more:

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LinkedIn “Connection” Request Did Not Violate Non-Solicit

In this age of social media, a frequently asked question is whether social media activity can violate a non-compete or non-solicit.   Although the case law is evolving, courts which have addressed the issue have focused on the content of the communication, rather than the medium used to convey it.  In so doing, they have distinguished between mere passive social media activity (e.g., posting an update about a new job) as opposed to more targeted, active actions (e.g., not merely posting about a new job, but also actively recruiting former co-workers or clients).

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Social Media & Lawyers: You’re Asking the Wrong Question

carl-heyerdahl-181868Does this sound familiar?

  • “I wrote a blog post, but no one called me to give me a case, so blogging must not work for business development.”
  • “LinkedIn is just a rehash of your resume, so it can’t work for business development.”
  • “Twitter is full of people talking about what they had for breakfast, so there’s no way I’m spending any time on there.”
  • “People only use Facebook to see what their friends and family are up to.”

Raise your hand if you don’t think social media works.

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Second Circuit Rules Facebook Rant Was Protected Activity – Employment Law This Week

Featured on Employment Law This Week:  An employee’s Facebook rant was protected activity, says the Second Circuit.

In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing. Our colleague Ian Carleton Schaefer is interviewed.

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Second Circuit Finds That Employee’s Obscene Facebook Post Is Protected Activity, Reminding Employers of the Importance of Uniformly Enforcing Employee Conduct Policies

In NLRB v. Pier Sixty, LLC, the Second Circuit held that an employee’s expletive-laden Facebook post – which hurled vulgar attacks at his manager, his manager’s mother and his family – did not result in the employee losing the protection of the National Labor Relations Act (“Act”).  But even though the Second Circuit conferred protected status on this unquestionably obscene post, it did not create a protected right to level profane verbal assaults on management when discussing union business.  Such conduct has been, and will continue to be, unprotected in most circumstances.  Nevertheless, this case acts as an important reminder for employers:  if they choose to allow vulgar conduct in the workplace when it does not pertain to union activity, they must also allow it when it does.

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ILN Today Post

NAD Action Requiring the Kardashians and Fit Tea to Disclose Their Connections in Social Media Posts

As part of its ongoing monitoring program, the National Advertising Division (NAD) reviewed endorsements by Kourtney and Khloe Kardashian and Kylie Jenner (the Kardashians) that failed to disclose that they were paid to endorse a dietary supplement known as “Fit Tea” in their social media posts. In response to the NAD’s action, Fit Tea revised its social media posts to disclose Fit Tea’s material connections with its celebrity endorsers.

Background
The Federal Trade Commission (FTC) Endorsement and Testimonial Guides (FTC Endorsement Guides) require clear disclosure of any material connections between an advertiser and its influencers and other endorsers, including when their endorsements are posted on social media platforms such as Twitter and Instagram. The FTC contends that, in the absence of such disclosure, consumers might believe that an endorsement on social media is a spontaneous recommendation of a product made without any compensation rather than a paid endorsement.

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Super Bowl Commercials – The Ugly of 2017

We are finally here at the “ugly” of the 2017 Super Bowl commercials – do you already have your list is mind? The first couple were really easy for me to come up with, and the last few were late additions after some extra thought was given to the crop of ads this year.

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Super Bowl Commercials: The Bad of 2017

Now that we’ve seen our lackluster list of “good” Super Bowl commercials for 2017, let’s dive into the ones that I thought weren’t so hot. The majority of spots made it into my “mediocre” category, so it’s harder to choose “bad” and “ugly” ads this year than you might think – but I’ve buckled down and come up with a few for you!

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Super Bowl Commercials: The Good of 2017

Gratuitous photo of me with the winningest Super Bowl QB of all time

Gratuitous photo of me with the winningest Super Bowl QB of all time

It’s that time of year again – the time when football fans mourn the end of another season with the pigskin and marketing fans rejoice because the best and brightest (usually) bring out the year’s highlights for strong ad campaigns. Also, guacamole tends to abound, and when is that ever a bad thing?

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