Guest post by John M. Miller, Esquire, Stockholder in Henderson Franklin’s Tort & Insurance Litigation Group

I recently spoke on the topic of “Establishing Social Media Policies, Contracts and Legal Advice for PR Professionals” to members of the Gulf Coast Chapter of Public Relations Society of America (PRSA) in Naples. Social media continues to be a hot topic for employers and thought it would be good to share a few items that were discussed.

In the Beginning

Under the Obama administration, the National Labor Relations Board (NLRB) developed an employee-favored social media policy. The NLRB broadly protected private employees in their social media activity. Private employees could not be fired or punished for posting certain information on social media. Specifically, private employees are permitted to engage in “concerted activity” which is a fancy term for discussing their working conditions on social media. But, what does it really mean?

What exactly may an employee say about his or her work on social media without being reprimanded or disciplined?


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We are so excited to announce that registration is now open for the 2016 HR Law & Solutions Seminar. Now in its 24th year, this full-day seminar is a fantastic opportunity for both new and experience HR professionals and other business executives to learn about important employment laws, network with their peers, and, of

10-12-2015 3-48-06 PMWhether you have 10 or 10,000 employees, running a business can be a challenge. Making decisions based on strategic reasoning is critical to the success and longevity of any company. How can members of the c-suite, as well as the small business owner, gain helpful insight into the boardroom and, at the same time, try and avoid the courtroom?

We cordially invite you and your top-level managers to join members of Henderson Franklin’s legal team on Tuesday, November 17, 2015 as they present the Southwest Florida C-Suite Summit at Sanibel Harbour Marriott Resort & Spa. Topics and speakers include:

The Recipe for Business Longevity presented by Attorneys Guy Whitesman (Chair, Business and Tax Department), Eric Gurgold (Chair, Estate Planning and Administration Department) and Mark Nieds (Intellectual Property Group). They will outline proven techniques and best practices to preserve, protect, and perpetuate your business. One size does not fit all. The panel will explore avenues to successful business perpetuation, liquidity events and the preservation of wealth.

The Comeback Kid: Southwest Florida’s Ongoing Economic Recovery. Attorneys Denis Noah (Chairman of the Horizon Council) and Russell Schropp (Horizon Council Task Force Chair) will provide a look at the state of Southwest Florida’s economic recovery – from a lawyer’s perspective!
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radical color copyWe are excited to announce that Suzanne Boy will be presenting at the Florida Law Alliance Employment Law Conference, taking place on Thursday, November 12, 2015 at the law offices of Hill, Ward & Henderson in Tampa, Florida. Henderson Franklin is a member of the Florida Law Alliance, a group of six independent law firms practicing throughout Florida. The firms have combined their knowledge, efforts, and resources to increase efficiency, lower costs, expand the scope and improve the quality of legal services each firm provides to its own clients.

Topics and Speakers

Avoiding and Defending Wage and Hour Class and Collective Actions presented by Attorney Craig Salner from the Clarke Silverglate firm in Miami. Employers know that the only lawsuit you win is the one that never gets filed. In the case of wage and hour litigation, this is particularly true of collective actions under the Fair Labor Standards Act (“FLSA”) and class actions under State law counterparts. This presentation will focus ways to defend class and collective actions or better yet, avoid them altogether.
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social media iconsApple Blue Ivy Moonbeam, a Generation X HR Director who considers herself super savvy when it came to all things Interweb, drafted a social media policy to include in FacePlace, Inc.’s employee handbook. FacePlace is a non-union workplace with over 300 employees, most of whom work from various “virtual” offices away from FacePlace’s home office. Convinced she created the best social media policy ever, Apple submitted the policy to the NLRB for review.

Which of the following policies do you think the NLRB found lawful?

A. You should never share confidential information with a team member unless the person has a need to know the information to perform their job.

B. Offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline, even if they are unintentional.

C. Employees should avoid harming the image and integrity of the company and any harassment, bullying, discrimination, or retaliation that would not be permissible in the workplace is not permissible between team workers online, even if it is done after hours, from your home network.

D. The NLRB found all three unlawful.


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