Teacher at Catholic School Loses Job for Same-Sex Marriage Posts on Facebook


Teacher at Catholic School Loses Job for Same-Sex Marriage Posts on Facebook

Another example of how personal conduct on social media leads to loss of employment.  Here, a popular elementary school teacher lost her job because her Catholic employer did not approve of her same-sex marriage photos that she posted on Facebook. Openly gay teacher fired after posting wedding pictures on social media




The Employee Right to Disconnect

Paul Secunda


The Employee Right to Disconnect


U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, email, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from the workplace. Although both the French legislative and German corporate self-regulation models have their advantages, this paper puts forth a hybrid approach using existing U.S. safety and health law under OSHA to respond to this employee disconnection problem. Initially under the general duty of clause of OSHA, and then under OSHA permanent standards and variances, this article provides a uniquely American approach to establishing an employee right to disconnect from work.

Why Kanye West’s New Instagram Campaign Could Be Illegal


Why Kanye West’s New Instagram Campaign Could Be Illegal (my latest article)

New York Fashion Week starts this Thursday, but Kanye West unveiled his new line a week early on the digital catwalk—Instagram. Last week, the social network’s feeds were flooded with photos of various models—such as Paris Hilton, Jordyn Woods, and Amina Blue—posing as Kim Kardashian lookalikes, platinum wigs and all, wearing the Yeezy label.  To read more go here.

Pentagon Reviewing Social Media and Wearable Device Policies

Pentagon Reviewing Social Media and Wearable Device Policies


The Pentagon had an issue the other weekend when a mobile fitness-tracking app company called Strava posted a heatmap of user activity. This was an issue because it highlighted an airfield and military base that was hidden from the world. What the heatmap showed were running patterns of servicemembers. This was an issue because it could allow enemy combatants to set up ambushes or learn the locations of facilities.

Defense Secretary James Mattis ordered an immediate review of Defense Department policies related to wearable electronics upon finding out about the heatmap and the detrimental effect it could have on the military. A ban on personal smartphones within the Pentagon is something that Mattis is now considering.  DOD personnel have annual training for social media and wearable device do’s and don’ts. The emerging technology in society has necessitated a reinforcement of operational security and force protection. Policies will need to be reviewed in order to better protect secrets.

States and Net Neutrality


States and Net Neutrality

The FCC has redacted net neutrality rules. But the state of Montana has been busy. The Montana Governor recently signed an executive order that directs the state’s Department of Administration to incorporate net neutrality into the procurement process for ISPs that wish to do business with the state. The goal of Montana is to deny ISP state contracts for telecom services if they violate the state’s net neutrality laws.

Under Montana’s net neutrality rules, ISPs would not be able to: block consumer access to lawful content, applications, or services; engage in paid prioritization or allow content or service companies with deeper pockets to buy an unfair advantage for their traffic in terms of speed, latency, or network prioritization. It also prohibits ISPs from ‘unreasonably interfering with’ or ‘unreasonably disadvantaging’ a consumer’s ability to access ‘lawful internet content, applications, services, or devices of their choice.’

It is not perfect. ISPs can throttle and block services if there’s a reasonable network management disclosed to the consumer. The order also does not address the ISP’s ability to implement data caps and usage-based pricings for the consumers. This allows for ISPs to impede the ability of households to engage in a normal manner. In a filing against the FCC in 2016, Netflix argued that these data caps do not serve a legitimate purpose and that they are ultimately an ineffective way to manage the network.

Does Facebook Micro-Targeting Lead to Discrimination in Hiring?


Does Facebook Micro-Targeting Lead to Discrimination in Hiring?

Interesting article that examines whether Facebook’s micro-targeting advertising causes discrimination in hiring.  According to the article, “members of the Communications Workers of America allege that micro-targeting by advertisers through the use of social media to deliver their message disadvantages older workers (i.e., Facebook users 40 years old or older) who may have been denied the chance to learn about job openings, see Bradley v. T-Mobile US, Case No. 5:17-cv-07232 (N.D. Ca. filed Dec. 20, 2017).”

Legaltechnews: Age Discrimination and Facebook: Micro-Targeting Comes Under Fire

Fla. high court to share proceedings via Facebook Live


Fla. high court to share proceedings via Facebook Live

The Florida Supreme Court will broadcast its proceedings via Facebook Live starting Thursday. “In the 1970s, Florida became the first state to allow broadcasts of its court cases at a time when every other court in the nation refused it,” Chief Justice Jorge Labarga said in announcing the online streaming.

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