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HTMLWhat Do Employers Need to Know in the Wake of the Latest Data Breach?
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 25, 2015, previously published on December 22, 2014
Sony Pictures Entertainment, Inc. is the latest high-profile business victim of data theft. The consequences have been significant. In response to threats of violence, Sony has reconsidered its range of options for the release and distribution of its feature film The Interview. Also last week,...


HTMLThe Line Out of This Place Is as Long as the Amazon.com River
David J.B. Froiland; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given way to tortured analysis and fairly arbitrary results.


HTMLTennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"
Joshua J. Sudbury; Ford & Harrison LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the "Employee Online Privacy Act of 2014" aimed at protecting...


HTMLLinkedIn’s $6M FLSA Settlement Provides a Good Lesson to Employers (Updated)
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 6, 2014, previously published on August 5, 2014
LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL.


HTMLThe Impact of Social Media on Privacy: Why You Need a Social Media Policy
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality), [2007] OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...


HTMLRhode Island Enacts New Social-Media Privacy Law
Amber L. Elias; Fisher & Phillips LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Gov. Lincoln D. Chafee recently signed the 2014 Student and Employee Social Media Privacy Acts into law. In a press release, lawmakers said that the new law was modeled on similar laws in California that are “considered one of the nation’s strongest social-media privacy laws in the...


HTMLTennessee Employers and Social Media
Don Benson; Hall Booth Smith, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 9, 2014
Tennessee's new law prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants.


HTMLShould You Check Your Employee's Social Media Accounts?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
May 22, 2014, previously published on May 14, 2014
Monday’s Wall Street Journal had a compelling counterpoint about whether employers should be checking their employees’ social media accounts. Nancy Flynn, the founder and executive director of the ePolicy Institute, presented the pro, while Lewis Maltby, the president of the National...


HTMLAntisocial Media- Union Not Liable For Threatening Facebook Posts
Gregory D. Ballew; Fisher & Phillips LLP;
Legal Alert/Article
April 2, 2014, previously published on April 1, 2014
Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members who try to stop him. The company does not disavow the post. Would the...


HTMLWould Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?
Adam D. Boland; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 25, 2014, previously published on March 24, 2014
In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s subsequent comment on Facebook about the settlement constituted a...


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