Last week, I wrote about the NLRB’s complaint against a Connecticut company claiming that its social networking policy violated federal labor law. Since then, the story has exploded across the Internet, being picked up by the New York Times, the Wall Street Journal, Law.com, the ABA, CNN, ABC News, MSNBC, Fox News, NPR, and cnet, to name a few. The NLRB itself has even gotten in on the act, updating its own Facebook page to publicly discuss the issue (not to pre-decide the case or anything). It’s also been a popular topic across the blogosphere:
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Are Employee’s Facebook Posts Protected Activity? – from Delaware Employment Law Blog
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NLRB Alleges that Connecticut Company Illegally Fired Employee Over Comments on Facebook – from Connecticut Employment Law Blog
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How does the NLRB’s Facebook firing complaint relate to the struggle against workplace bullying? – from Minding the Workplace
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NLRB Files Complaint Against CT Employer for Firing Employee Over Facebook Postings – from Wisconsin Labor & Employment Law Blog
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More On American Medical Response -- a/k/a The “Facebook Firing” Case – from Labor Relations Today
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Is Bashing your Boss on Facebook Protected Activity? – from HR Lawyer’s Blog
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Employee Fired for Disparaging Her Boss on Facebook – from San Antonio Employment Law Blog
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When Are Facebook Updates a Firing Offense? – from HBR.org
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NLRB: Facebook Discussions Between Co-Workers are Protected Speech – from Work in Progress
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NLRB Issues Complaint Over Employee’s Posting on Facebook – from Wyatt Employment Law Report
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Case To Watch: NLRB Challenges Employer’s Termination of Employee Based on Violation of Social Media Policy – from Digital Workplace Blog
Here’s the rest of what I read this week:
Discrimination
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Update: Teacher who allegedly branded cross onto student’s arm drops suit – from Walter Olson’s Overlawyered
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Non-sexual acts can support a sexual harassment claim – from Sindy Warren at the Warren & Hays Employment Law Blog
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Combating Stereotypes of Workers with Disabilities – from DOL’s Work in Progress
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Third Circuit Holds Ledbetter Fair Pay Act Does Not Save Untimely Failure-to-Promote Claims – from Pennsylvania Labor and Employment Blog
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Work-Life Balance: Men Want It, Too – from Work and Family Blog
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The role of incorrect perception in retaliation, hostile environment claims – from Work Matters
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‘Zip It’ Doesn't Work When Firing Employees – from Case In Point
HR and Employee Relations
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Ethics Policies: You Got ‘Em – Now Flaunt ‘Em! – from Employment Essentials
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Maybe You Should Just Offer Reasonable Bereavement – from Evil HR Lady
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Telecommuting and HR – from Michael Haberman’s HR Observations
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10 Things You Probably Don’t Want To Post On Facebook If You’re Looking For A Job – from fyiscreening.com
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HR Plays Too Much Defense – from Fistful of Talent
Litigation
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Satan No Obstacle to Settlement – from Philip Miles’s Lawffice Space
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Supreme Court Hears Arguments in Arbitration Preemption Case – from Washington D.C. Employment Law Update
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Workplace Prof Blog: Sternlight on theSCOTUS Class-Action Arbitration Case – from Workplace Prof Blog
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Court of Appeal: No Attorney Present at Plaintiff’s Mental Examination – from What’s New in Employment Law?
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Garbage Objections = Sanctions – from Resolving Discovery Disputes
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Twelve Ways To Alienate The Trial Judge – from Litigation, Evaluation and Trial Strategy Blog
Technology
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The Future of Human Resources and Social Media – from Mashable
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U.S. Loses Argument that the Computer Fraud & Abuse Act Applies to Employees Who Access Work Computers – from Trade Secrets & Non-Compete Blog
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Firesheep: A Wolf in Sheep's Clothing - Beware! – from Sharon Nelson’s Ride The Lightning
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What is the ABA Commission on Ethics 20/20 considering re law blogs? – from Real Lawyers Have Blogs
Wage & Hour
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GINA Rules Require New Disclosures In Requests For FMLA Certification – from FMLA Insights
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Sixth Circuit’s FMLA Reminders to Employers, Part Three: It Ain’t Over ‘Til It’s Over – from Iowa Employer Law Blog
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Overtime: It’s the Work, Not the Title That Matters – from The Word on Employment Law with John Phillips
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Another Interesting Development from Last Tuesday - $4 MDV for FLSA Retaliation – from Michael Fox’s Jottings By An Employer’s Lawyer
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Second Circuit Affirms Denial of Class Certification for Hertz Station Managers and Provides Guidance on FLSA Certification Standard – from Employment Class Action Blog
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