In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of first impression, the New Jersey District Court held that such private Facebook posts are protected by the federal Stored Communications Act (SCA), a law that prohibits unauthorized access to non-public wire or electronic communications. However, the court further noted that the SCA contains two important exceptions: (1) it does not apply to conduct authorized by the provider of the services (Facebook can access its users’ private content); and (2) it does not apply to an authorized user of the service to whom the communication was intended (e.g., your Facebook friends can see your private posts). In this case the second exception applied—the employer was innocently provided screenshots of the posts by an authorized user to whom the posts were directed (the plaintiff’s Facebook friend). Because the plaintiff’s Facebook friend voluntarily showed his employer the plaintiff’s private posts—without any coercion or duress—the employer’s conduct did not violate the SCA. There likely would have been a different result if the employer coerced or strong-armed the co-worker into turning over his friend’s private posts, or if the employer somehow obtained the plaintiff’s Facebook password and accessed the posts itself.
20 Tips for U.S. Virgin Islands Employers in 2020: COVID-19 Guidance for Restaurants, Bars and Nightclubs
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part four of this series addresses COVID-19 guidance for restaurants, bars, and nightclubs.
On May 24, 2023, Governor Tim Walz signed into law legislation that further expands protections for nursing and pregnant employees in Minnesota. The amendment, included in Senate File 3035, builds on the changes that became effective in January 2022 to Minnesota’s nursing mothers and pregnancy accommodations law (Minn. Stat. § 181.939).
Since the Golden State sometimes can be a bellwether for national trends, employers nationwide may want to keep an eye on what’s occurring in California regarding commuter benefits. Certain employers in the San Francisco Bay Area have less than six months to comply with a new law that requires them…..