The latest challenge to our right to privacy is coming from employers.  It is becoming common for employers to ask for access to your Facebook page, your Twitter feed or whatever social network you’re using.

 Why would your boss want to read your Facebook page?  Companies say that they need to be certain that employees are not disparaging the company publicly or associating with criminals and undesirables.   They say that it's no different than asking you for a list of references or previous employers.  I disagree.  Imagine if when you applied for your job, you were asked for a typed list of at least 200 references.  It sounds ridiculous when you think of it that way, and very few people would agree to it.

 And in case you were thinking, “What’s wrong with letting my boss check out my Facebook page?  I have nothing to hide,” it’s worth considering that what many employers want is for you to “friend” the company so that they can continually monitor your postings.  So when you’re on vacation in South Beach and you post that picture of you winning the wet underwear contest, there’s a chance that your human resource manager is deciding whether your conduct represents a violation of company policy.

 Is it legal to demand access to an employee’s, Facebook page?  Probably not. But there are very few laws that regulate this type of activity. And the laws that do exist are rarely enforced.  Some states have taken notice and have started introducing laws to protect employees, but for now your best defense is to be mindful about what you’re posting on your social network profile.  It’s also a good idea to regularly review your privacy settings.  Remember, unless you set your privacy settings otherwise, most social networking sites default to the most public setting.

 Privacy used to be one of our most cherished rights. Maybe Facebook,Twitter and reality television are beginning to change our idea of privacy.   We have increasingly become an open-access society, with many of us posting our most intimate thoughts and feelings and leaving very little to the imagination.  How this new openness will impact our ability to keep what’s left of our private life truly private is an open question.  But allowing employers to monitor our after-work activities seems like the wrong way to go if we are to protect what remains of the right to privacy that each of us is born with.

The article points out many new venues including, a posh new European-style clubbing destination in traditionally staid Beverly Hills called Confidential Lounge; the Beverly, which traffics in exclusivity by being open only two nights per week; and Universal CityWalk's upscale Infusion Lounge. On the opposite end of the spectrum were a slew of sleek but comfortable respites from the club scene with intentionally dog-eared edges, including the aforementioned Neat bar where Demarest serves uncut spirits alongside a simple glass of beer or soda; the tame and literary-minded Writer's Room in Hollywood; the loud but boho-lax former pop-up bar Paul & Andre, which migrated from Hollywood to permanent digs in the Standard on the Sunset Strip; the classy but mellow bar at Il Covo, nightlife legend Sean MacPherson and partner Jared Meisler's new Italian restaurant on 3rd Street; and the friendly neighborhood comeback of Revolver, the legendary gay video bar in WeHo.

Not only were there new additions to the club scene in Hollywood, Downtown L.A. continued to show exponential growth as Angelenos were drawn to new venues such as One-Eyed Gypsy and Salvage.  Los Angeles nightlife in 2012 continues the trend, with new openings and imaginative remodels as L.A.'s nightlife scene grows up and finally begins to successfully compete with Las Vegas and New York as a true destination for hipsters, celebrities, and party-goers around the world.

1. Have a designated driver (maybe pay for dinner or a movie for a tea-totalling friend of yours in exchange for a ride home after a night of drinking).

2.  Take a cab. No matter the cost, it'll be cheaper than a DUI.

3.  Don't drink on an empty stomach.

4.  Pace yourself and don't try to "keep up" with how much your friends are drinking.

5.  If you begin to feel drunk, stop drinking.

These are just a few of the many ways that you can save yourself from the financial, career and social trauma that often comes from getting a DUI conviction during the holidays.  Have a safe and happy holiday season.

http://www.csgnetwork.com/bloodalcolevelcalc.html

Employers are required to post the employee rights notice no later than November 14, 2011.

http://nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights

For example, did you know that union workers can use social media to complain about the boss without fear of being fired?

Or that "...all private employers must respect their workers’ right to “protected concerted activity” — in other words, the right to talk among themselves about their working conditions. This right is not limited to union workers; it applies for all private employees."?  

Without much fanfare, the NLRB has decided that it will protect certain employee speech which it calls "concerted activity".  In addition, the NLRB has indicated that it will protect employee "concerted activity" whether it takes place at the workplace or away from work, and whether it takes place in person or on Facebook.  The Board says "concerted activity" is when an employee acts “with or on the authority of other employees, and not solely by and on behalf of the employee himself.”  In plain language, this would mean that when an employee is speaking with, or for, her fellow co-workers, her speech -- including her Facebook and Twitter posts -- will likely be considered protected "concerted activity" and she cannot legally be fired for this type of speech.  In addition, the NLRB has warned employers that it will not look kindly on social media policies that are too restrictive.

This excellent Forbes article by Kashmir Hill gives several interesting examples of how the NLRB evaluates employee speech in this new age of social media.  This is a new area of employment law that is ever-changing at the moment and whether an employer or employee has violated the NLRB guidelines will be decided on a case by case basis.  It would be prudent for both workers and employers to educate themselves so that they don't inadvertently end up on the wrong side of the NLRB.

http://latimesblogs.latimes.com/money_co/2011/08/daikokuya-owner-pays-145000-in-overtime-back-wages.html

According to the producers at NBC, Voyeur strippers were using the kitchen more than the chef:

"When an NBC LA producer tried to go in, Voyeur’s bouncer asked for a $100 tip.  On two visits, NBC LA saw the kitchen being used for storage and as a changing room for the strippers."

Liquor licenses generally will designate a venue as a restaurant, requiring that they serve food in addition to alcohol, or as a nightclub which allows dancing and does not require food service.  

According to a spokesperson for the ABC, Industry nightclub was charged with six counts of allegedly violating its liquor license.  Voyeur nightclub was charged with four counts, and Hyde was charged with one count.

http://www.nbclosangeles.com/news/local/Nightclub-Investigation-127909523.html