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The Employer Handbook Blog

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The ethical tightrope of social media as a litigation tool

Savvy lawyers today use social media to mine and collect important data about litigants. But cross that line from savvy to shady, and you may find yourself in deep do-do. (Kinda like the blow-out I encountered when I reached inside the back of my youngest’s wetsuit at the pool this…

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Supreme Court passes on ADA transfer accommodation case

Here’s the scenario: You have a disabled employee who seeks an accommodation. Mindful of the Americans with Disabilities Act, and being the compliant company that you are, you engage that employee in an interactive dialogue to discuss reasonable accommodations — options to allow the employee to perform the essential functions…

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Oregon has a new workplace social media law. Is a federal law next?

Last week, before the Memorial Day weekend, Oregon Governor John Kitzhaber signed into law this bill, which prohibits employers from requiring or requesting that employees or applicants for employment: Provide access to personal social media accounts, Add employers to social media contact lists, or Allow employers to view an employee’s…

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Employee posts “FIRE ME…Make my day…” on Facebook. And guess what?

Yep. And not even the Associate General Counsel at the National Labor Relations Board could save this employee. In Tasker Healthcare Group, d/b/a Skinsmart Dermatology, the Charging Party — and nine other people (of whom seven were current employees) participated in a private group message on Facebook. During that sesh, the Charging…