Technology for HR

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Technology for HR
Updated: 4 weeks 4 days ago

Trashing customers online: It hit the fan and your employee threw it

Thu, 12/07/2017 - 08:58

by Jo Ellen Whitney You’ve heard the nightmare stories: Some employee tweeted or posted something that embarrassed his employer or shined the spotlight on the company and drew it into the national debate over social and political issues. In one recent example, ESPN “SportsCenter” anchor Jemele Hill tweeted that fans of the NFL...

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Recent developments in employment-related social media law

Thu, 11/30/2017 - 09:13

by Thomas J. Lloyd III The legal issues surrounding the interplay between employment and private social media engagement is continually evolving. In view of some of recent developments, we are revisiting the issue and examining recent case law on the subject. Is it legal to regulate workers’ social media use? Recently, I’ve been...

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Employer justified in terminating employee over two offensive Facebook posts

Tue, 11/21/2017 - 08:39

by Anna Matsuo In a nonprecedential decision, the 3rd Circuit agreed with a lower court’s dismissal of a former employee’s retaliation claims. Victoria’s Secret terminated the employee after she posted two offensive pictures on her Facebook account.   Facts Mindy Caplan worked as a district manager for Victoria’s...

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Court declines invitation to find LinkedIn post violated nonsolicitation agreement

Thu, 11/16/2017 - 05:00

by Steven L. Brenneman Many business professionals frequently send and receive invitations to connect on LinkedIn and other social media sites. Recently, the Illinois Appellate Court wrestled with a company’s claim that its former sales manager breached nonsolicitation covenants by sending LinkedIn requests.  Profile Bankers Life and...

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What can you do when an employee gains unauthorized access to coworkers’ e-mail?

Thu, 11/09/2017 - 09:03

by Tom Harper An employee’s unauthorized access or “hacking” of another employee’s electronic messages is a common concern in the workplace. Is such conduct illegal? Yes. Are there remedies for it? Yes. The U.S. 11th Circuit Court of Appeals (whose rulings apply to all Alabama, Florida, and Georgia employers) recently...

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Microchipping employees creates lots of risk and unanswered questions

Thu, 11/02/2017 - 07:42

by Justin Lessner A Wisconsin-based technology company, Three Square Market, recently announced a pilot program to implant microchips in its employees. There’s significant risk and uncertainty for employers considering such a program. This article addresses the potential risks of microchipping employees and the many unanswered privacy and...

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NLRB to supervisors: Don’t text and interrogate

Thu, 10/26/2017 - 07:30

by Carita Austin On June 7, 2017, the National Labor Relations Board (NLRB) issued a decision in which it found that an employer violated the National Labor Relations Act (NLRA) when a supervisor unlawfully interrogated an employee by sending him a text message questioning whether his allegiance was to the company or to the union. Although the...

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Preparing for electronic discovery in litigation

Thu, 10/19/2017 - 07:39

by Sarah Caldwell Breslin If you’re involved in current or even threatened litigation, you have an obligation to retain information that is reasonably likely to be relevant and turn it over during discovery (the pretrial exchange of evidence). In the electronic world we live in, this increasingly includes and often revolves around...

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Employee collects unemployment despite offensive Facebook post

Thu, 10/12/2017 - 14:16

by Timothy K. Baldwin and Matthew D. Strauss In a recent case, Beagan v. R.I. Department of Labor and Training, the Rhode Island Supreme Court held that an employee who was terminated for posting derogatory Facebook comments about his supervisor was eligible for unemployment benefits. The court’s ruling is a cautionary tale that employers...

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HR manager fired for downloading, e-mailing himself company documents

Thu, 10/05/2017 - 07:00

by Tom Harper A recent case before the federal appeals court with jurisdiction over Florida involved claims by a senior HR official at a Kia Motors plant who believed he was being directed to violate the law by reducing the number of African-American and older workers at the plant. After complaining about the allegedly illegal directive, the HR...

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‘Buy American, Hire American’ Executive Order has high-tech and other employers concerned

Thu, 09/28/2017 - 07:00

by James E. Morrison and Michael P. Nowlan The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire and employ for up to six years foreign workers with a bachelor’s or graduate degree in a specialty field that requires theoretical or technical expertise and highly specialized knowledge, such as IT, finance, accounting,...

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Don’t get hung up on: off-duty cell phone use and the FLSA

Thu, 09/21/2017 - 10:23

by Angela N. Johnson Company-issued cell phones and bring-your-own-device (BYOD) programs are now ubiquitous. As employers are more frequently communicating with not only supervisory but also hourly employees through mobile devices, class action lawsuits over unpaid “cell phone work” are on the rise. The trouble is that off-duty...

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Are you taping me? Audio and video recording in the workplace

Thu, 09/14/2017 - 07:03

by Shannon Kane Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to “act in concert” for the purpose of collective bargaining or other mutual aid or protection. The Second Circuit (whose ruling apply to all Connecticut, New York, and Vermont employers) recently affirmed a decision and order in which...

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DTSA whistleblower must do more to gain immunity

Wed, 09/06/2017 - 05:00

by Stefanie M. Renaud On May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) became law. The DTSA allows companies to pursue claims for trade secret misappropriation in federal court and seek remedies to recover trade secrets stolen by employees. To get the benefits of the DTSA, employers must inform employees who sign confidentiality or...

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Starbucks employee spills the beans on workplace harassment

Thu, 08/31/2017 - 07:04

by KrisAnn Norby-Jahner On the heels of the Equal Employment Opportunity Commission’s (EEOC) call for public comments on revised workplace harassment enforcement guidance, a Starbucks barista filed a sexual harassment lawsuit against her employer. The lawsuit implicates a variety of employment concerns, including coworkers exchanging...

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