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David S. Rubin, a partner in the firm’s Labor, Employment and Benefits practice group, presented at the American Conference Institute's (ACI) 2nd Annual Summit on Digital Advertising Compliance: Sweepstakes, Social Media and Promotions on September 11. David served as a panelist on the “Mitigating the Risks and Unintended Consequences of Employee Social Media Use While Remaining NLRA Compliant” panel.

The panel topics included exploring hidden liability dangers involved with employee use of social media sites - both in and out of the workplace; analyzing recent NLRB decisions to determine when (if ever) it is okay to fire someone under the company social media policy; setting limits on employee’s social media activities without impinging on the employee’s protected concerted activities; implementing effective policies to avoid liability from recommendations and positive comments about employees made on social media sites; permissible monitoring of employee use of social media activity- including off duty activity and being able to take effective and defensible action; establishing clear records of ownership of social media accounts and access before the critical employee leaves the company; and best practices for training and consistently enforcing social media policies.

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