The increased use of portable electronic devices in the workplace and the popularity of social media pose unique challenges for health care employers, particularly when the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) conflict with the NLRB’s position on policies that could infringe upon an employee’s right to engage in
Social Media
Federal Court Upholds Discharge of Employee on Medical Leave Who Shared Vacation Photos on Facebook

Everyone has “friends” who overshare their daily activities on Facebook. Rodney Jones’ oversharing cost him his job. Jones worked as an activity director for Accentia Health, a long–term care nursing facility. Accentia Health granted Jones 12 weeks of FMLA and an additional 30 days of non-FMLA leave in connection…
Worse Than Feared … NLRB Reports First Month of Ambush Election Rules Yields More Petitions, Dramatically Quicker Elections
My colleague, Adam C. Abrahms, published a Management Memo blog post that will be of interest to many of our readers: “Worse Than Feared … NLRB Reports First Month of Ambush Election Rules Yields More Petitions, Dramatically Quicker Elections.”
Following is an excerpt:
A couple weeks ago we provided anecdotal reports from several NLRB…
Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill
By: James P. Flynn
The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here for A2878 as passed. But Governor Chris Christie vetoed A-2878 because it would frustrate a business’s ability “to…
NLRB Administrative Law Judge Finds Medical Center’s Technology Usage Policies Violated Employees Rights Under the National Labor Relations Act
by: Steven M. Swirsky and D. Martin Stanberry
An NLRB Administrative Law Judge (“ALJ”) has found that two computer usage policies of University of Pittsburgh Medical Center (“UPMC”) violated the National Labor Relations Act (“Act”) because they had an unreasonable tendency to chill employee activities, including union organizing and employee discussions about terms and conditions…
April 2013 Take 5 Newsletter: Five Recent Actions Employers Should Consider
The April 2013 issue of Take 5 was written by David W. Garland, Chair of Epstein Becker Green’s Labor and Employment Steering Committee and a Member of the Firm in the New York and Newark offices.
In it, he summarizes five recent labor and employment actions that employers should consider:
- EEOC Releases Letter
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NLRB Continues Pro-Union Agenda
It is no secret that the National Labor Relations Board (the “Board”) is engaged in a purposeful and partisan attempt to issue rules and decisions that benefit unions, often to the detriment of employers, including attempts by the Board to assert itself into non-union workplaces. The decisions that the Board has issued over…
Social Media and the On-Going Battle to Protect Patient Information
by Pamela D. Tyner
Social media have become de rigueur globally. Today, millions maintain connections with their friends, relatives and business acquaintances via Facebook, Twitter, LinkedIn, blogs and YouTube. Recent studies indicate that social media popularity even predicts polling popularity and the stock market. Translated to the healthcare arena, healthcare facilities and organizations are…
Social Media, the National Labor Relations Board, and Why Health Care Employers Should Be Concerned
Written By: Ana S. Salper
Social media has revolutionized how we communicate with one another. From Facebook to Twitter, YouTube to blogs, social networking sites have permeated the workplace in ways that have significant implications for all employers.
Social media is both a source for marketing and promoting companies and products as well as an…
2012 HEAL Briefings for Healthcare and Wellness Executive and HR Professionals – EBG Atlanta Office
A monthly breakfast law briefing and networking series specifically designed for health care and wellness company executives and human resources professionals. This informative series will address labor and employment issues during these challenging times and offer solutions.
For additional information and to register, contact Carla Llarena or by tel: (404) 869-5363.
February 8, 2012
Today’s…