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Jon Hyman

The average Facebook user spends 8.3 hours per month, and posts 217 total photos, to the 800 pound social media gorilla. What happens, however, when a litigant’s Facebook (or other social media) account disappears during litigation? Gatto v. United Air Lines (D.N.J. 3/25/13), one of the first cases to discuss spoliation of social media evidence, [...]

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Earlier this week, Entrepreneur.com ran a story entitled, “Why Banning Facebook In Your Workplace Is a Stupid Move.” The article cites a survey conducted by Statista and Mashable, which found that one out of every five American employees are blocked from accessing social media from the workplace. The story then lists four reasons why this [...]

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In Bland v. Roberts, a Virginia federal court dismissed a First Amendment retaliation lawsuit brought by a group of terminated city employees who had supported the incumbent sheriff’s opposition by, among other things, liking the candidate’s campaign Facebook page. The court concluded that merely clicking the “like” button on a Facebook page is not Constitutionally [...]

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There has been a lot of ink spilled out on the supposed practice of employers requiring employees to provide access to their private social media accounts. I’ve long espoused both that this practice is not occurring with sufficient regularity to justify a legislative fix (despite New Jersey just becoming the 12th state to enact a [...]

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29 states, plus the District of Columbia, have laws prohibiting anyone from smoking in the workplace. Like similar bans in other states, Ohio’s statewide workplace ban applies to “smoking,” which means “inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant.” Electronic cigarettes [...]

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According to The Huffington Post, a group of Hispanic employees is suing Target for national origin discrimination. Their evidence—an internal memo that included the following “Multi-Cultural Tips” for its managers: a. Food: not everyone eats tacos and burritos; b. Music: not everyone dances to salsa; c. Dress: not everyone wears a sombrero; d. Mexicans (lower [...]

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And I said, I don’t care if they lay me off either, because I told, I told Bill that if they move my desk one more time, then, then I’m, I’m quitting,.. I’m going to quit. And, and I told Dom too, because they’ve moved my desk… four times already this year, and I used [...]

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Barbara Joy McElmurry, 4’10″ tall, worked for the Arizona Department of Agriculture as a lab technician fighting the Asian citrus psyllid. Her job consisted of screening traps set by her co-workers in the field. Over time, tension developed between McElmurry and her supervisor, Mary Garman. After McElmurry threatened to file harassment charges against Garman, the supervisor accused her of [...]

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Allen v. Chanel, Inc. (S.D.N.Y. 6/4/13) teaches businesses an important lesson about reviewing agreements that employees send back, and not assuming that the agreement returned is the same as the agreement originally sent out. When Chanel terminated the employment of Anu Allen, it presented her with a Separation Agreement and Release, which, among other terms, offered [...]

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The Am Law Daily reports that the former CFO of Proskauer Rose is claiming that the international law firm violated the Americans with Disabilities Act by terminating her after a three-month leave of absence for breast cancer. Earlier this month, the EEOC published an updated Q&A discussing the treatment of cancer in the workplace under [...]

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