Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay Challenges

Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.

Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour audits for clients grappling with the Fair Labor Standards Act, the California Labor Code, and the California Equal Pay Act. Her practice was established at the forefront of the wage-and-hour class and collective actions that are now commonplace throughout the country. Ms. Sager emphasizes proactive risk management to avoid litigation and employs efficient and aggressive strategies to help her clients minimize exposure when faced with class, collective, representative, multi-plaintiff, or single-plaintiff lawsuits. As part of due diligence, she also provides risk assessments of wage-and-hour exposure, as well as policy and procedure audits both pre- and post-merger. Ms. Sager is active in counseling and training employers on workplace harassment prevention and unconscious bias and regularly conducts workplace investigations into allegations of inappropriate conduct. Her experience also extends to the traditional labor realm, where she has helped clients prevail in elections, obtained injunctive relief to stop inappropriate union conduct, defeated organizing campaigns, and appeared before the National Labor Relations Board on countless issues.