Social Media in the Workplace: Opportunities and Legal Challenges Uncovered!
Social media has become both a boon and a bane for modern businesses. It has provided opportunities as well as legal concerns for many employers. As the use of social media continues to impact the modern workplace, employers must create social media-related employment policies which comply with the National Labor Relations Act (NLRA) and state employment laws to avoid potential legal challenges arising from the use of social media in the workplace. Many employers have already come under attack by the National Labor Relations Board (NLRB) for overly broad social media policies, costing them substantial sums of money. It is important that a company's social media policies are crafted in clear and easily understood language and which specify what is and is not permitted.
Our panel of key thought leaders and practitioners will discuss the profound effect of social media in the workplace and the steps that employers can take to avoid a myriad of issues. They will also offer guidance on drafting and enforcing lawful social media policies and practices.
In this LIVE Webcast, the speakers will discuss:
- Impact of Social Media in the Workplace
- Use of Social Media in the Hiring Process
- Common Issues for Employers
- Implementing Lawful Social Media Policies
- Recent Legislation and Case Law Update
James Y. Wu, Managing Shareholder
Wu Castillo, PC
- What is Social Media
- Social Media Can Affect the Workplace Before An Employee Even Begins the Job
- Teen Tweets Herself Out of Job
- Which Begs the Question . . .
- Can Employers Use Social Media to Investigate Employment Candidates?
- Social Media Hiring Best Practices
- Other Social Media/Workplace Issues
- Federal Trade Commission
- After-Hours Work
- Some Words About Passwords
- Who Pays For The Device/Data Plan?
Maja M. Obradovic, Counsel
Greenbaum Rowe Smith & Davis LLP
- Use of Social Media and Employee Privacy Issues
- Balancing Conflicting Interests
- Right to Access Employee’s Social Media
- Statutory Regulations – Employee’s Social Media Use
- NLRB Activity
- What Activity is Protected
- Unprotected Activity
- Elements of NLRB Endorsed
- Authorized Use Policy (AUP)
- Some Dos in Crafting AUPs
- Additional Social Media Issues
- Social Media Ownership Issues
Philip Wolfenden, Partner
Shields O'Donnell MacKillop
- Social Media in the Workplace: The Law in Canada
- Federal vs. Provincially regulated employers
- Pre-employment concerns
- Post-employment concerns
- Social Media Policies
Who Should Attend:
- Labor and Employment Lawyers
- Lawyers specializing in Social Media Laws
- HR Personnel
- In-House Counsel
- Public and Private Companies
James Wu is Managing Shareholder at Wu Castillo, P.C. James has 20 years of experience providing day-to-day advice and counsel to businesses of all sizes regarding employment law compliance and HR issues, including Employee Handbooks, policies, hiring, leaves of absence, discrimination, harassment, and employee termination. He helps employers comply with the complex maze of federal, state and local employment laws.
James also defends companies when they face claims from current or former employees, contractors, and government agencies.
James is a contributor to social media expert, Neal Schaffer’s Maximize Social Business, published by Wiley. James also writes a monthly blog post regarding Social Media in the Workplace for Maximize Social Business at https://maximizesocialbusiness.com/author/james-wu/
James is currently the President-Elect of the Board of Directors of the Contra Costa County Bar Association (CCCBA), and has served on the Board for five years. He is also a past President of the Employment Law Section. James also served as the President of the Northern California Employment Roundtable for two years.
James earned his BA and MA from Stanford University and his JD from Boston College Law School.
James Wu is Managing Shareholder at Wu Castillo, P.C. James has 20 years of experience providing day-to-day advice and counsel …
Phil is a partner with SOM, practicing in all areas of labour and employment law, including human rights, employment standards, worker’s compensation and wrongful dismissal litigation. He has particular expertise in advising manufacturers across many types of businesses, including automotive, construction, food processing, and furniture. He also represents a number of Ontario municipalities. Phil has extensive business and human resources experience having been the Vice President of Human Resources and in-house labour and employment counsel at Magna International during his career. Immediately prior to joining SOM, Phil was a partner in a prominent national law firm.
Phil is regularly called upon to offer his expertise in the area of progressive employee relations, and in this regard, is utilized to conduct workplace mediations, investigations, training, and employee surveys. Phil assists his clients with presenting a variety of training programs including sexual harassment, investigations, discipline, social media, and absenteeism.
He also has a very active litigation practice with extensive experience before labour arbitrators, the Labour Relations Board, the Ontario Human Rights Tribunal, and WSIAT.
Phil obtained his LL.B from the University of Windsor and holds a B.A. in Economics and Geography from Colgate University in Hamilton, New York. He was called to the Ontario Bar in 1978 and is a member of the Ontario Bar Association. In his limited spare time, Phil enjoys skiing and became a Director of the Greater Toronto Hockey League after coaching AAA minor hockey for many years.
Phil is a partner with SOM, practicing in all areas of labour and employment law, including human rights, employment standards, …
Maja M. Obradovic is Counsel in the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. She concentrates her practice in litigation, with a particular focus in employment litigation and bankruptcy reorganization matters. She has experience in state and federal courts at both the trial and appellate levels. Ms. Obradovic’s employment litigation experience includes the defense of a variety of employment discrimination, whistleblower, wrongful discharge, and restrictive covenant claims. Her work in the area of employment counseling includes employment contract negotiations and the review and drafting of restrictive covenants, employee handbooks and employment policies. Ms. Obradovic has represented clients in litigation involving issues at the intersection of an employee’s expectation of privacy when using social media and other forms of electronic communication, and an employer’s right to maintain secure confidential information and control their employees’ productivity. She has lectured on the topic of social media and related issues for groups comprised of business owners, employees and in-house counsel.
Maja M. Obradovic is Counsel in the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. She concentrates her practice …
Print and review course materials
Method of Presentation:
Experience in Labor Laws
NY Category of CLE Credit:
Law Practice Management
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About Wu Castillo, PC
Wu Castillo, P.C. is not just another law firm. Founding shareholders James Wu and Claudia Castillo provide undivided focus and dedication to their clients without the big firm rigmarole, red tape, and high fees. The firm doesn’t overlook the small stuff, doesn’t turn molehills into mountains, and doesn’t count any client as just another business opportunity.
Wu Castillo, P.C. represents companies with employees in California. The firm is less concerned with the quantity of clients it has, and more concerned with developing long-lasting relationships with quality clients.
The firm is a minority-owned firm.
About Shields O'Donnell MacKillop
Shields O’Donnell MacKillop LLP is a boutique employment and labour law firm. Our senior lawyers have more then 100 years of collective experience in advising employers on workplace issues.
Areas of Practice
At Shields O’Donnell MacKillop LLP we provide advice on a broad range of employment and labour law issues including: wrongful dismissal, just case and reasonable notice, fiduciary obligations of departing employees, stock options and bonus plans, collective agreement, interpretation, unfair labour practices and applications for certification, workers compensation, Occupational Health and Safety, Pay Equity and Employment Standards obligations.
About Greenbaum Rowe Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.