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RENÉE M. JACKSON

Renée Jackson leads the Social Media & Technology in the Workplace team within the Labor and Employment practice group. She advises employers throughout the U.S. on matters involving restrictive covenants, wage and hour concerns, workplace policies, discrimination and harassment, workplace safety, reductions in force, employee discipline and all aspects of hiring. Renée defends employers in both state and federal courts and at agencies such as the Equal Employment Opportunity Commission and state anti-discrimination agencies.

What do you focus on?

I currently focus my practice on the many intersections between social media, technology and the workplace. I have been monitoring how technology and social trends impact both employers and employees for several years now and advising employers on how to comply with existing and emerging statutory, regulatory and case law. I am often applying old laws into new spaces in order to help my clients stay ahead of any social media and privacy issues relating to the workplace.

Day to day, I draft social media policies, craft technology-focused language for employment agreements and the discovery process of litigation, counsel clients on whether and how to discipline employees who misuse social media in a way that impacts an employer’s brand or workforce and generally help clients both protect and promote their brand through social media.

What do you see on the horizon?

I see a continued lag in laws relating to the internet, technology and social media generally. States are taking the lead in these areas, in the absence of movement from Congress, so we will eventually move from applying old laws into new spaces to applying a patchwork of state laws into constantly changing spaces. Compliance will not be easy.

Presentations

  • Panelist, “Social Networking and the Hiring Process,” Fordham Law School Center on Law and Information Policy, Law & Information Society Symposium: Privacy and Employment in the Digital Society, March 19, 2013. Click here to see a video recording of the panel presentation on C-SPAN.
  • Speaker, “pii in the Enterprise,” pii2012 Seattle Conference, May 15, 2012
  • Speaker, “Legal Risks of Social Media Use in the Workplace,” Volunteer Legal Services Program Community Organization Representation Project (CORP), May 22, 2012
  • Speaker, “Social Media Policies: Post-Hire Considerations,” Sterling Infosystems, Inc., Webinar, December 8, 2011
  • Speaker, “Social Media Policies: Pre-Employment Considerations,” Sterling Infosystems, Inc. Webinar, October 25, 2011
  • Speaker, “Social Media in the Workplace,” Sterling Infosystems, Inc. Webinar, September 20, 2011
  • Speaker, “Employment Law & HR: Top Concerns, Social Media; Striking the Right Balance in Developing and Enforcing Policies,” The Conference Board, June 28, 2011
  • Speaker, “Social Media and Hiring: Legal Considerations for Every Employer,” 13th Annual Talent Management Summit, September 29, 2010
  • Speaker, “Social Media and the Workplace: What Every Healthcare Employer Should Know,” Annual Association of Otolaryngology Administrators Conference, September 24, 2010
  • Speaker, “Social Media and Hiring: Legal Considerations for Every Employer HR Podcast,” Human Resources IQ: August 12, 2010
  • Speaker, “Social Media Permeate the Employment Life Cycle” Webinar, Institute of Management and Administration (IOMA), July 27, 2010

Media Clips

  • Watch Those Tweets: The EEOC Looks at Social Media
    Wall Street Journal At Work Blog | March 18, 2014
    This article quotes San Francisco Labor & Employment associate Renée Jackson, who was among the featured panelists in an Equal Employment Opportunity Commission hearing in Washington, DC, focused on the use of social media in the workplace.
  • EEOC Hears Views on How Social Media Potentially Affect EEO Issues in Workplace
    Bloomberg BNA Daily Labor Report | March 12, 2014
    San Francisco Labor & Employment associate Renée Jackson is quoted throughout this article as one of the featured panelists in an Equal Employment Opportunity Commission hearing in Washington, DC, discussing the use of social media in the workplace.
  • EEOC to Mull Social Media Impact on Anti-Bias Enforcement
    Law360 | March 5, 2014
    This article previews the Equal Employment Opportunity Commission (EEOC) hearing on how the use of social media in the workplace is affecting enforcement on equal employment opportunity laws. San Francisco Labor & Employment associate Renée Jackson is one of the featured panelists.
  • . . . View all . . .
  • No Firing After Facebook Post, NLRB Tells Tour Bus Company
    Reuters | May 8, 2013

    San Francisco Labor & Employment associate Renée Jackson discusses the National Labor Relations Board’s focus on social media as illustrated by a recent ruling that a tour bus guide was unlawfully fired from his job after complaining about working conditions in a Facebook post.

  • Social Media and Employment
    C-SPAN | May 6, 2013

    San Francisco Labor & Employment associate Renée Jackson is among the featured panelists who spoke about the privacy, social, and policy implications that arise when employers use social media to gather personal data of potential employees during the hiring process.

  • Company Social Media Accounts—Who Owns Those Twitter Followers?
    Forbes | February 18, 2013

    San Francisco Labor & Employment associate Renée Jackson discusses employee versus employer “ownership” of company social media accounts in this Q&A.

  • NLRB Limits Restrictions on Workers' Social Media Use
    Rochester Business Journal | September 14, 2012

    This column, coauthored by Rochester Global Business & Transactions partner Jeff LaBarge and San Francisco Labor & Employment partner Kent Jonas and associate Renée Jackson, addresses the limitations on employees’ social media use.

  • NLRB's Challenge of At-Will Language ‘a Terrible Stretch'
    SHRM Online | August 14, 2012

    San Francisco Labor & Employment partner Kent Jonas and San Francisco Labor & Employment associate Renée Jackson are quoted in this article discussing reactions to the National Labor Relations Board’s (NLRB) position that employee handbooks with language about at-will employment may violate the National Labor Relations Act (NLRA).

  • New State Law Could Muddy Non-compete Picture
    New Hampshire Business Review | June 15, 2012

    This contributed article, authored by Manchester partner Jim Hatem and San Francisco associate Renée Jackson, discusses an act requiring all New Hampshire employers to disclose non-compete and non-piracy agreements prior to making an offer of employment or an offer of change in job classification.

  • Social Media, Passwords and the Hiring Process: Privacy and Other Legal Rights
    Forbes | May 28, 2012

    This featured Q&A focused on social media in the hiring process is conducted with San Francisco Labor & Employment associate Renée Jackson. Click here to read the article on www.forbes.com.

  • Facebook Access in Play for Prospective Employers
    Buffalo Business First | April 6, 2012

    San Francisco Labor & Employment associate Renée Jackson provides commentary in this article addressing instances when employers have asked potential employees for social media log-in information and what the consequences of these actions could be.

  • Special Report on Social Media: You Can’t Take Your Online Contacts With You...or Can You?
    Workforce Management | June 1, 2011
    This feature story discusses the increase in corporate use of websites such as LinkedIn, Facebook, and Twitter and the resulting employment issues that arise when an employee leaves the company. Boston Labor & Employment associate Renee Jackson provides commentary.

Ideas

Self-destructing text messages for business professionals? There's an app for that.
Employment Alert | February 4, 2014

California Employment Legislation: What's New for 2014?
Employment Law Alert | November 12, 2013

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Webinar Recording: Your Company's Online Reputation—Rights & Risks of Employees Using Social Media
Originally recorded June 3, 2013 | June 12, 2013

Webinar Recording: Legally Social—Following social media trends impacting the workplace
Originally recorded March 21, 2013 | March 28, 2013

Federal banking regulators issue proposed guidance and seek comments on use of social media by banks, credit unions, and savings associations
Privacy Alert | February 11, 2013

California becomes third state to enact social media password law, joining Maryland and Illinois
Employment Law Alert | October 2, 2012

NLRB issues first decision regarding "online discussions" and ALJ issues decision regarding social media policies
Employment Law Alert | October 2, 2012

National Labor Relations Board takes aim at social media policies and at-will disclaimers
Employment Law Alert | July 26, 2012

NLRB again finds protected concerted activity in Facebook posts, orders fired employees reinstated
Employment Law Alert | May 11, 2012

Maryland enacts nation's first social media password law; more states and the federal government are following suit
Employment Law Alert | May 2, 2012

OSHA announces new National Emphasis Program aimed at nursing and residential care facilities
OSHA Alert | April 16, 2012

NLRB and workers' groups continue attack on employer social media policies
Employment Law Alert | April 16, 2012

Employers asking applicants for Facebook login information: an unwise employment practice takes the spotlight
Employment Law Alert | March 28, 2012

Employer's social media profile and "friends" list can be trade secrets under Colorado law
Employment Law Alert | March 21, 2012

Social media and employment law: looking back to 2011 and looking forward to 2012
Employment Law Alert | January 19, 2012

Massachusetts to join the growing list of states that protect against discrimination on the basis of gender identity
Employment Law Alert | November 28, 2011

Webinar Recording: Web 2.0 and Human Resources: Using Social Media to Recruit, Screen, and Hire Employees
October 31, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

Webinar Recording: Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 22, 2011

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Renée M. Jackson