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Facebook in the Workplace: The Intersection of Social Media and Employment Law

Total Credits
1 - 1.5
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The rise in our use of Social Media is shocking in its extreme as are the many arguments over its overall effect in the way our society communicates. The impact is felt in all sectors of society but it is with regards to the workplace that a slew of laws have arisen to protect employees and employers and ensure a safe work environment.

This CLE course will review those laws and explore trends in social media and its impact on the workplace. The course, presented by esteemed attorneys Jeffrey I. Pasek & Michael C. Schmidt, first lays the groundwork by explaining what Social Media is and the prevalence of its use in the workplace today. The course then defines different workplace approaches to Social Media, the traditional objections and hazards, the perils of Social Media contact between co-workers and with employers, Social Media as it relates to hiring practices, the National Labor Relations Board, privacy rights, the effect of Social Media on issues of confidentiality, and much more.

Lecturer Bios

Jeffrey I. Pasek, Esq.

Jeffrey I. Pasek is a member of Cozen O'Connor and a former chair of the firm's Labor & Employment Group. He concentrates in representing management in all facets of labor and employment law such as litigation and counseling on wrongful discharge and employment discrimination claims, maintaining a union-free environment, collective bargaining, occupational safety and health, whistleblower claims, wage and hour, affirmative action compliance, workplace torts and employee benefits litigation.

Called upon regularly as a course planner and speaker in continuing legal education programs, Jeff has served as a speaker on labor and employment law and on legal ethics for such groups as the Pennsylvania Bar Institute, the American Arbitration Association, the University of Pennsylvania Law School Center of Professionalism, and the American Bar Association Labor and Employment Law Section. On behalf of the ABA Labor and Employment Section Committee on Equal Employment Opportunity Law, Jeff served as regional liaison and helped train lawyers and investigators from the Equal Employment Opportunity Commission.

He is active in the Pennsylvania Chamber of Business and Industry, where he has served as a member of the executive committee of the board of directors, and chairman of the Industrial Relations Committee, Government Affairs Committee, and Candidate Selection Committee of the Chamber’s PAC. He has been selected as a Pennsylvania "Super Lawyer" by his peers each year since 2005, appearing in Philadelphia magazine and Pennsylvania Super Lawyers. Jeff was also named to the 2008 edition of The Best Lawyers in America.

Jeff is the author of numerous articles, including "Corporate Investigations: Their Hidden Traps…And How to Avoid Them," The Corporate Counselor (2003); "Crisis Management: Human Resource Issues Before and After Catastrophe Strikes," HR Magazine (2002); "Competing in the Information Age: Protecting Your Company Against Unfair Competition," Human Resources Emerging Trends and Hottest Issues, Pennsylvania Chamber of Business and Industry Educational Foundation (1999); "Religion in the Workplace," Human Resource Professional, Vol. 10, No. 1 (Jan./Feb. 1997); "Risks Associated With Hiring Independent Contractors," Philadelphia Construction News, Vol. 17, No. 64 (Oct. 27, 1993); "Compliance By the Private Sector with the Americans with Disabilities Act," Pennsylvania Bar Quarterly (1991); "The New Immigration Law: What a General Practitioner Needs to Know," Pennsylvania Bar Quarterly (1987); "Violence as an Unfair Labor Practice," Human Resources Commentator (1985); "Employment Discrimination," Lawyer to Lawyer Video Course, Pennsylvania Bar Institute (1983); "Statistics: The Name of the Game in EEO Cases," Pennsylvania Chamber of Commerce (1980). From 1998-2002, he co-edited a chapter on Religious Discrimination in Lindholm & Grossman, Employment Discrimination Law published by the Bureau of National Affairs. Jeff also authored chapters on Employment Law and Employment Practices Liability Insurance in @Risk Version 2.0 – The definitive guide to legal issues of insurance and reinsurance of Internet and e-commerce and cyber perils, R. Hammesfahr editor © 2002, Reactions Publishing Group Ltd., London.

Jeff is admitted to practice in Pennsylvania, New Jersey and New York, and has tried cases and argued appeals in the federal courts throughout the United States, including before the U.S. Supreme Court.

Michael C. Schmidt, Esq.

Michael C. Schmidt is a member of Cozen O'Connor and practices in the firm’s Labor & Employment Group. He concentrates in representing management in all facets of employment law, such as: (i) defending companies in litigation involving discrimination, harassment, wage and hour (overtime and unpaid compensation), non-competes and trade secrets, and disability and other leave-related issues; (ii) drafting employment agreements, termination/severance agreements, non-compete and confidentiality agreements, employee manuals, and individual corporate policies; and (iii) counseling and corporate training on day-to-day issues from hiring through firing. A substantial portion of Mike’s practice is devoted to counseling large and small businesses on how to avoid litigation and minimize potential exposure for claims that are made. He has tried cases and argued appeals in federal and state courts in New York.

Mike is an adjunct professor of law at Touro Law School in Central Islip, N.Y., where he teaches a course on employment law. He is often cited in various media outlets and publications as an authority on employment law issues, and frequently lectures and conducts seminars for human resources professionals, corporate executives, and lawyers. He is a member of the editorial board of, where he is a contributing author on legal issues relevant to the hospitality industry, including large hotel operators and real estate developers.

Mike is the author of numerous articles, including, most recently, “Avoiding the Hazards of Economy-Driven Decisions,” Law 360 - Portfolio Media, Inc. (December 8, 2008); “Work Overtime to Ensure That Your Unauthorized Employees Do Not,” The Corporate Counselor (August 2008); “The Wage and Hour Minefield: Some Words of Wisdom for Employers,” The Metropolitan Corporate Counsel (November 2007); “Overtime Confusion Leads to Lawsuits,” Executive Counsel (July/August 2007); “The New York Court of Appeals Resolves Issues Concerning the Calculation of Earned Commissions,” Cozen O’Connor Labor & Employment Alert! (June 25, 2008); “The Forgotten New York Labor Law,” Cozen O’Connor Labor & Employment Observer (Winter 2008); and “Amendment to New York Law Requires Written Agreements With Commissioned Salespersons,” Cozen O’Connor Labor & Employment Alert! (November 1, 2007).

Mike earned his juris doctor degree, with distinction, from Hofstra University School of Law in 1993, where he was a notes and comments editor of the Hofstra Law Review. He earned his Bachelor of Arts, with honors, from Brandeis University in 1990. Mike is admitted to practice in New York and before the U.S. Court of Appeals for the 2nd Circuit and the U.S. District Courts for the Eastern, Southern and Northern Districts of New York.

Mike is a frequent blogger and writes about social media and employment law issues. You can find his blog here:

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