In 2013, two former interns at publishing company Conde Nast filed suit demanding back wages and attorney fees. Their lawsuit came on the heels of two other successful lawsuits demanding that interns actually get paid for their work: A federal district court sided with the interns who sued Fox Searchlight Pictures, saying the interns should have been paid for their work on the film “Black Swan.” And the year before, Charlie Rose and his production company agreed to pay up to $250,000 to more than 150 former interns to settle a class-action suit.
Facebook is a great resource for gathering information. Often, and for the right reasons, we turn to social media in hopes of gathering information we need in a short period of time and with little effort. But for therapists going to social media with legal questions, that convenience may not be worth it. Many of the answers therapists give peers for legal questions on Facebook are incorrect.
We reviewed 20 recent posts that included legal questions in therapist groups on Facebook. We looked strictly at legal questions where there was a clear correct answer that we could easily reference. So anything requiring interpretation of law was purposefully left out. Our review was by no means comprehensive — it falls more closely in bar-napkin-math territory. But we still think this quick review offers some valuable information.
It’s a sea change. And we don’t just mean the cover, which finally lets go of the pathway-in-the-forest image that graced the first four editions. The fifth edition of Basics of California Law for LMFTs, LPCCs, and LCSWs, which is available now for preorder, is the biggest change since I wrote the first one.
The new edition is updated to 2018 law and professional ethics codes, and includes new material on:
- Employment Law, including wages, sick leave, termination, and more
- Family Law, including marriage, separation and divorce, custody, and more
- Supervision, including supervisors’ legal responsibilities
- Some of the biggest current controversies in state law for psychotherapists
California mandated child abuse reporters would no longer need to discriminate against gay or lesbian youth. But the legal opinion is just that: An opinion.A legal opinion announced on Thursday by the California Board of Behavioral Sciences appears to go partway to resolving the problem of discriminatory reporting of child abuse. The opinion, prepared at BBS request by legal counsel for the Department of Consumer Affairs, essentially says that oral sex, anal sex, and object penetration should be treated the same as vaginal intercourse when considering abuse reporting. If two minors of similar ages (as defined by the law; see the age combination descriptions in this earlier post) engage in consensual acts without evidence of coercion or other signs of abuse, those acts are not reportable. BBS Executive Director Kim Madsen announced at Thursday’s Policy and Advocacy Committee meeting that she would make the full legal opinion public. While the opinion does not carry the weight of law, it should be helpful for therapists seeking to understand when the BBS expects child abuse reports to be made, and when the therapist can rely on their own judgment as to what is abusive. # # # Your comments are welcomed. You can post them in the comments below, by email to ben[at]bencaldwell[dot]com, or on my Twitter feed.
For California therapists promoting their practices on Twitter, there isn’t enough room to include legally-required disclosures on every tweet. Here’s what to do.
Twitter is a web site that allows for “micro-blogging,” or posting of messages that are 140 characters or less. Because of Twitter’s open and social nature, it can be a good platform for sharing news about your practice. However, as you can imagine, 140 characters is often not enough room to include both your legally-required disclosures and whatever meaningful content you had hoped to include in a post on the site (otherwise known as a “tweet”).
If you are an LMFT, LPCC, or LCSW in California (other state laws vary), you can advertise your practice on Twitter, you just need to use caution in doing so. The California Board of Behavioral Sciences reported in a committee meeting that they had consulted with legal counsel on therapists’ use of Twitter [page 6 of linked PDF]. If the BBS were to receive a complaint about such advertising, they said they would consider advertising “as a whole.” In other words, if your tweet only links to your web site, they would consider the tweet and the site together. As long as a potential client must have seen your legally-mandated disclosures in at least one of those places, you should be safe.
Another way to think of it is, do NOT include any direct contact information – like your phone number, email address, or office location – in a tweet or on your Twitter profile. If you do that, a potential client could come to you just from the tweet, never having seen your required disclosures. Instead, make sure your Twitter profile and individual tweets ONLY include a link to a web site or other resource where you do meet all of California’s advertising standards.
Standard caveat applies here: I’m not a lawyer, so if you are in need of legal advice, this isn’t that. Talk with someone who has actually, like, gone to law school. I’m giving my best clinician’s understanding of both the law and what the BBS has said about it.