Archives: Employment Law

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Live-Streaming Apps; What We Aren’t Talking About

There are many articles circulating the web about new live-streaming video technologies like Meerkat. These tremendous apps make it possible for users to stream real time video from their phone to the internet for all to view, turning every individual into a real-time video-journalist.   Brands and entertainment properties have also jumped into the fray … Continue Reading

Arkansas Becomes Seventh State to Enact Employer Social Media Law; Questions Arise Regarding Supervisor-Employee Connections

Last week, Arkansas enacted H.B. 1901, joining California, Illinois, Maryland, Michigan, New Mexico, and Utah in restricting employer access to social media or personal accounts. A total of seven states now have such laws. New Jersey’s harsh bill, which we have covered, has cleared the Assembly and is awaiting the Governor’s signature. The Arkansas law … Continue Reading

South Carolina Supreme Court Splits with the Ninth Circuit Regarding Stored Communications Act Protections for Webmail

The Supreme Court of South Carolina recently ruled that the federal Stored Communications Act (“SCA”) provides no cause of action against a hacker who accessed a user’s webmail without authorization, creating a split with the Ninth Circuit’s 2004 case, Theofel v. Farey-Jones.  See Jennings v. Jennings, No. 27177, 2012 WL 4808545 (S.C. Oct. 12, 2012). In … Continue Reading

Employers Must Consider Social Media Risks to Life and Limb, Not Just Pocketbook

It should be no surprise that the use of social media creates risks – legal and financial risks related to privacy and data security issues are among the most examined concerns.  But the use of social media also may create risks that can’t be valued by a dollar sign – risks to human life and … Continue Reading