Blog Archives

The Truth About As*holes

Here’s the truth:  we are a litigious society.  For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record numbers.  The truly legitimate

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Data Breach Laws Continue to Come

Retail.  Financial services.  Health care. Energy.  Not an industry has been spared when it comes to recent data and cyber breaches, and the colossal damage that occurs to the interests of the company, its employees, and third parties (customers, vendors,

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Living With Others Thinking You’re Fu*king Crazy

“Mara Feld a/k/a Gina Holt – you are fucking crazy!” One of the issues we address in this blog is the notion that social media doesn’t necessarily create new claims, but rather serves as a quicker and easier platform to

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Goodbye Precedent, Hello Forced Speech?

The NLRB continues to push for a share of the employment law spotlight.  It also continues to act in a way that shows why its “precedent” is truly only “precedent” when the political winds don’t change. In 2007, during a

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Another Federal Player in the Social Media Sandbox

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law.   But another federal

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Twitter Now Too?

Do you generally like what you see in this blog?   Do you feel the blog posts are informative and, occasionally, entertaining?   I have decided to jump into the world of Twitter to comment on trends and developments in the area

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Yes, Disclosures On Social Media Are Still Disclosures

You can’t make this stuff up. Have you read this one?  I can’t blame you if you haven’t.  Between the serious and tragic stories dominating the news from Malaysia and Russia, this little employment law nugget snuck into the newsroom.  

Posted in Opinions

Developing a Corporate Strategy to Address Known Risks

Matt Dunning at BusinessInsurance.com announced some eye-opening news:  “Despite its ubiquity in corporate communications and marketing, a startling percentage of companies has no formal strategy for addressing the liability exposures and reputational risks associated with social media, experts say.”  So, where

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Announcing a Job Move on LinkedIn or Facebook – Breach of Contract or Fair Game?

It is always worthwhile to talk about current developments in the area of social media and employment law, and to look back at their contextual import.    Much of the fun, however, lies in playing the forecasting game, and identifying potential trends in

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To Be Disrespectful Or Not To Be – That Is The Question

We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted activity” through social media.   One example is

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About Social Media Employment Law Blog
Social Media Employment Law Blog is devoted to the interplay between social media and employment law, an extremely topical and significant area of law for employers in this new technology era. Published and edited by Michael Schmidt, Vice Chair of the Labor & Employment Department, Mike concentrates in representing management in all facets of employment law and has been frequently quoted on employment law topics, and is regularly interviewed by trade publications and national journals for his opinions on legal trends.
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