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Social Media in the Workplace: A New Frontier of Employment Litigation

Social Media in the Workplace: A New Frontier of Employment Litigation
Product Code - HRAU01
Speaker(s): Lafe Solomon, Acting General Counsel for the National Labor Relations Board (NLRB) and David Barron, Employment Lawyer at Cozen O’Connor
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Ten years ago, employers struggled to adapt their policies to the internet and email. Today, the new frontier is social media. New social media technologies and new avenues of communication have created new legal risks, and with those new risks the potential for disputes over employer responsibility for social media policy enforcement has increased.  

Although each workplace is different and there is no one-size-fits-all approach to social media, it is critical for employers to recognize the applicable legal boundaries and, at a minimum, provide some reasonable guidelines for employee conduct. With the rise of cyber-bullying and textual harassment, employers are struggling to keep up and craft a social media policy that does not run afoul of the law.

This webinar will provide an overview of the federal and state laws which restrict or affect the employer’s rights and obligations in the world of social media.  Lafe Solomon, Acting General Counsel for the National Labor Relations Board (NLRB), will provide the latest guidance on what types of social media comments by employees are considered protected concerted activity.  The webinar will also reference practical examples drawn from actual cases, and identify the types of social media policies which have been found to be acceptable (and illegal) by the NLRB in limiting employee speech.

In addition, David Barron, an employment lawyer from Cozen O’Connor, will address trending legal issues associated with social media in the workplace, including:

  • Cyber bullying and the employer’s obligation to address complaints of online harassment or discrimination
  • The legal risks of management friending subordinate employees
  • Conducting background investigations on applicants via social media and the internet
  • New state laws prohibiting employers from obtaining employee passwords for social media sites
  • Best practices for policies limiting employee rights to post pictures and video from workplace online
  • Protecting trade secrets and limiting employee disclosure of confidential information

Register quickly and easily online to secure your space now. Or, please call 1-800-372-1033 option 6, then sub-menu option 1, and refer to date and title of conference. Lines are open Monday through Friday from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don't miss this opportunity to hear a lively, dynamic presentation. Not only are Webinars an excellent way for you to stay current; with Bloomberg BNA you also get:

  •  Quality. Count on it. Nothing is canned.
  •  Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don't use our Webinars as a forum to sell outside solutions.
  •  Affordability. Bloomberg BNA Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in-all for the price of a single registration.
  •  Convenience. No airlines. No travel. No time out of the office.

In addition, you'll receive:

  •  Personal attention. Once you've registered, send your questions in advance to and they'll be included in the program. You'll also have a chance to ask your questions during the Webinar.
  •  Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow up e-mail with contact information for our speakers, as well as other materials related to the topic.
  •  1.5 HRCI credits by attending this Webinar. Find out how 

Lafe Solomon, Acting General Counsel for the National Labor Relations Board (NLRB) and David Barron, Employment Lawyer at Cozen O’Connor

Lafe Solomon
 Lafe E. Solomon

 Lafe Solomon, a career NLRB attorney, was named Acting General Counsel by President Obama as of June 21, 2010. The Agency's top investigative and prosecutorial position, the General Counsel has supervisory authority over all Regional Offices and guides policy on issuing complaints, seeking injunctions, and enforcing the Board's decisions.

Mr. Solomon began his Agency career as a field examiner in Seattle in 1972. After taking a break to pursue a law degree, he returned as an attorney in the Office of Appeals. He transferred to the Appellate Court Branch in 1979. Two years later, he left the General Counsel side of the Agency to join the staff of former Board Member Don Zimmerman. He went on to work for another nine Board Members, including Donald Dotson, Robert Hunter, John Higgins, James Stephens, Mary Cracraft, John Raudabaugh, William Gould, Sarah Fox and Wilma Liebman.

A native of Helena, Arkansas, Mr. Solomon received a B.A. degree in Economics from Brown University in 1970 and a J.D. from Tulane University in 1976.
David Barron

David L. Barron

 David L. Barron is a member in the Houston office, focusing his litigation practice on labor and employment law. David joined the firm in 2011.

David assists his clients with all their labor and employment needs including representing clients at trials involving wrongful termination, discrimination, harassment, collective action overtime claims and whistle-blower suits, before a variety of state and federal courts. He counsels clients on labor negotiations, elections, strikes, and corporate campaigns by unions; litigates disputes before the National Labor Relations Board, Equal Employment Opportunity Commission, and Department of Labor; and advises management on various employment issues, including wage and hour, federal contractor compliance, employee terminations, discrimination and harassment claims, drafting and enforcement of noncompete agreements, Sarbanes Oxley, and OSHA matters.

David has been quoted on employment law topics by the Houston Business Journal, The Houston Chronicle, Texas Lawyer,, and numerous other newspapers and magazines. He also has appeared as an employment law professional on talk radio and the local CBS and Fox affiliates in Houston.

David is board certified in Labor and Employment law and has been named a Texas Super Lawyer Rising Star in Texas Monthly magazine.

David attended the University of Houston, where he received his Bachelor of Arts in 1994.  He then earned his J.D. from the University of Houston Law Center in 1996.