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Employers, Take Note: New York Law Will Prohibit Access to Employees’ Private Social Media Accounts

We recall the following well-publicized Facebook posting from a number of years ago: The photograph of a young man, in a very smoke-filled room, wearing a Grateful Dead t-shirt and holding a very large marijuana cigarette. The caption read: “I like to smoke a giant spliff on week-ends.” Needless to say, any employer who viewed ...
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The Perils of Social Media Promotions in the Hospitality Industry

Truth in advertising is not only a best practice; it’s the law. It applies to all media – from newspapers and magazines to radio spots to online platforms, such as blogs or social media. It is required in both overt advertisements and implied claims buried in otherwise innocuous posts. As such, it creates a minefield ...
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Alcohol Advertising in the Digital Age

Introduction Suppliers and retailers of alcoholic beverages advertise their respective products and offerings in a wide variety of digital outlets. Questions arise as to how the complex legal landscape of alcohol regulation applies in these digital spaces. Advertising media include social network services (e.g., Facebook), video sharing sites (e.g., YouTube), blogs, and smartphone applications. In ...
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Social Media Policies Help Limit Liability

A thorough policy helps define what your employees can and can’t say about the company on social channels. As a hotel executive, imagine that one of the managers you oversee shares that an employee is disparaging you and the company on Twitter. You jump online to find a member of your staff posted the following ...
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Social Media and the NLRA Lessons for Hospitality Employers

Social Media and the NLRA for Hospitality Employers Social media has endless and valuable opportunities for the hospitality industry. From “valuable marketing” to connecting on a more personal level with consumers, social media can make or break a brand. However, in order to “maintain a positive reputation” on a world-wide platform like Twitter, it is ...
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Rules for Workplace Social Media Policies That Work

Authors: Kalley Aman and Ruth Seroussi practice labor and employment law and litigation with Buchalter in Los Angeles. EMPLOYEES MAY TURN TO PERSONAL SOCIAL MEDIA accounts or private chat rooms to vent about the workplace without realizing that these communications may be read by their employers. The law recognizes that employers have legitimate interests in disciplining ...
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New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or “shout-out”, which creates “organic” exposure for their brand. While social media has its own methods of operation, the ...
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Can There Be Confidentiality in the Age of Social Media?

Co-Authored By:  Scott Sweeney The proliferation of social media in the workplace has increased the risk of potential liabilities for companies. Specifically, there is a growing amount of litigation arising out of the use of confidential or proprietary information shared on social media websites. Employers have been facing, and will continue to face, a range ...
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Facebook and Police Warrants: Can They Really Do That?

As anyone with a Facebook account knows, many people use their accounts to broadcast personal information to their Friends. You could even say that some Facebook users use their accounts as diaries, describing what they’ve done, where they’ve been, and how they feel. It’s highly doubtful, though, that these users would be disclosing such information ...
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