The legal landscape regarding Facebook and other social media in the workplace is evolving almost as fast as the technology itself. Recent court and administrative decisions have both clarified and confused what employers and employees can (and can't) do in the social media arena. Can employees post on Facebook about frustrating interactions they had with clients? Can they post comments criticizing and personally attacking a manager if they do so after work? This presentation will provide the latest updates on how these communication media are impacted by privacy laws, harassment laws, and even laws traditionally used to protect union employees.
This presentation will focus on the delicate balancing employers must engage in between maintaining their security and reputation interests without violating the increasing legal protections afforded to employees’ social media use, such as privacy protections and protections afforded by the National Labor Relations Board.
Employers will learn practical pointers and tips they can use in this area by focusing on real case examples, including recent cases in this area. Employers will come away knowing:
• what types of social media use can be considered employee protected activity, both on duty and off-duty, giving rise to retaliation claims for discipline;
• how to draft workplace policies and handbook provisions without violating the National Labor Relations Act; and
• who actually owns certain social media accounts when used for business or marketing purposes and how can employers retrieve those accounts when employees leave.
About our speaker:
Douglas Diaz concentrates his practice in labor and employment law matters where he listens to clients to resolve their issues and disputes consistent with their goals. Mr. Diaz is an experienced litigator who has successfully defended employers in both state and federal courts as well as before administrative agencies such as the New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission and the EEOC. He routinely defends against a variety of employment-related claims such as those pertaining to discrimination, retaliation, wrongful discharge, restrictive covenants and wage and hour issues. He has also worked with clients in a variety of industries such as healthcare, transportation, insurance, banking, technology, and construction.
In addition to his litigation practice, Mr. Diaz counsels clients with respect to numerous employment and labor laws such as the Family and Medical Leave Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and the National Labor Relations Act. He also advises Human Resources and other managers on a variety of employment issues such as employment agreements, employee handbooks, confidentiality agreements, employee discipline, and provides both manager and employee training.
Mr. Diaz also practices traditional labor law where he defends employers against unfair labor practice charges, represents them during collective bargaining negotiations and labor arbitrations, and directs them through picketing and strike activity as well as union organizational campaigns.
He has experience with representing employers with respect to a variety of unions, such as the Sheet Metal Workers, International Brotherhood of Electrical Workers, United Steel Workers, and the Teamsters.
In addition to his legal practice, Mr. Diaz has also served as Vice President for the Board of Directors of the Hispanic Family Center of Southern New Jersey which provides a variety of health and other social services to individuals and families in need.