Mara B. Levin, a partner at Herrick, Feinstein, writes: Since 2003, 25 states have considered legislation and, at last count, 11 states have active bills promoting a healthy workplace environment. Yet, no state has passed legislation creating a private cause of action against an employer by an employee who is subjected to workplace bullying. The Richie Incognito/Jonathan Martin episode may prove to be the tipping point where enough public support is garnered to reverse the trend.
Peter Isajiw and John Vazquez of Cadwalader, Wickersham & Taft write: The convenience of electronic communication comes with some costs: Email’s persistence and ease of duplication mean that once a message has been sent, the author loses all control over it. Encouraged by Snapchat’s success, several recently launched apps aim to bring “self-destructing” messages to a more business-minded user demographic.
Eric Raphan, Jonathan Stoler and Sean J. Kirby of Sheppard, Mullin, Richter & Hampton, write: Given recent NLRB decisions, and the NLRB’s stated intention to continue focusing on such cases, employers must take steps to ensure that their social media policies will pass NLRB scrutiny, while still protecting themselves in situations where an employee has posted unfavorable comments about the employer on social media.
Marianne Monroy, a partner at Garfunkel Wild, writes: Social media can be a valuable resource and an effective tool to recruit and screen applicants. However, what may seem to be an appropriate use of publicly available information is not without legal implications and risks.
Lois Carter Schlissel and Paul Millus of Meyer, Suozzi, English & Klein write: Legal issues involving the use (and misuse) of social media are now coming before the courts for resolution. Management as well as employees need to know what they can and cannot do to avoid finding themselves embroiled in litigation or terminated from their jobs with little recourse.