maximize social business

Six Million Likes Lead To A Lawsuit


Six Million Likes Lead To A Lawsuit

Employers often want their employees and/or contractors to promote their business via social media. Harnessing the power of a “share” and a “like” can be one of the best ways to raise the profile of any business. Perhaps because of the value of a “like,” an employer was recently sued by a former employee regarding the property interest in over six million “likes” on a Fan Page.

In my article titled “Employee Sues Employer Over Ownership of Six Million Likes” published by Maximize Social Business, I summarize and analyze the case of Mattocks v. Black Entertainment Television, LLC. and offer tips for employers to prevent a costly lawsuit regarding the ownership of “likes”, as well as employee-maintained social media sites.

One tip is to work with an employment law attorney as well as a social media strategist. My clients know that I take a holistic view of the employer’s health, and I will not hesitate to provide a referral to an excellent social media strategist (and other top-notch professionals), as needed. Let’s talk!

More Class Action Lawsuits: Employee Cell Phone Expense


More Class Action Lawsuits: Employee Cell Phone Expense

Many business owners believe that California is a very difficult place to conduct business and to have employees. That belief may soon gain more advocates as a result of a recent California court decision that employers must consider. The Court determined that employers must reimburse employee cell phone expense when employees use their personal phones/mobile devices for work related purposes. The Court focused on California Labor Code Section 2802, among others. The Court reasoned that employers should not benefit from a “windfall” by relying on employees to pay for their own cell phone plans while using such devices for the benefit of employers. This is true, the Court decided, even if the employee does not suffer any additional out of pocket expenses for having their own cell phone plan (for example, employees who have an unlimited plan, or who do not get charged per call, really do not suffer any detriment by using periodically their own devices for work).

You can read more about Cochran v. Schwans Home Services, Inc. and some practical pointers in my October 2014 post titled “Cell Phone Expenses: Next Wave of Employee Class Action Lawsuit?” at Maximize Social Business.

Employers Will Not “Like” This!


Employers Will Not “Like” This!

These and similar questions were examined by the National Labor Relations Board and, not surprisingly, employers won’t like the decision reached. For my September 2014 post to Maximize Social Business, I explore the details of Sanzone and Spinella vs. Triple Play Sports Bar and Grille. I also provide a few insights to what this decision may mean to both employees and employers.

Does your business discipline employees for such posts? Does your company have policies regarding employee use of social media?

The Law On Social Media and Employment Is Still Evolving


The Law On Social Media and Employment Is Still Evolving

Social media and technology keep advancing at a rapid pace. The law has furiously been trying to catch up. For a short time, the National Labor Relations Board (“NLRB”) was at the forefront of creating the framework for social media and employment law. In June 2014, however, the U.S. Supreme Court stalled, at least temporarily, the NLRB’s efforts to create new guidance.

In my July 2014 post for Maximize Social Business, I briefly analyzed the case of National Labor Relations Board v. Noel Canning and how the Supreme Court will impact the NLRB’s progress. And, I specifically analyzed how this court decision will impact the landscape of social media and employment law. Only time will tell if the NLRB will catch up with its work before technology moves beyond today’s workplace technologies.

Deleting Your Facebook Posts Could Cost You


Deleting Your Facebook Posts Could Cost You

Deleting Facebook posts may get you in hot water legally.

Most everyone has read about warnings concerning sharing too much information on social media and employees who have posted videos, photos or comments that have resulted in getting “Facebook fired.”

Most folks do not know, however, that deleting social media posts, can, if deleted at certain times, can result in Court sanctions. In my post titled “Former Employee Sanctioned For Deleting Posts on Facebook” for Maximize Social Business, I analyze a recent case from Nevada. Learn why a Court in a sexual harassment case instructed a jury against someone who deleted Facebook posts about her former employer.