Social Media Password Privacy in Michigan

Effective January 1, 2013, the Internet Privacy Protection Act went into effect. The law prohibits employers from requiring employees or applicants to grant access to; to allow observation of; or to disclose information that allows access to personal internet accounts. The law does not prevent an...

Social Media and Discovery: Post with Caution

With over one billion active Facebook users and 500,000,000+ Twitter accounts, it is no surprise that the discovery of messages, status updates, wall posts, tweets and pictures shared on social media has become a battle ground in sexual harassment and discrimination lawsuits. Given that over half...

Are Employers Really Asking for Social Media Logins and Passwords? [Survey]

Last month, I discussed the recently introduced Ohio Senate Bill 45 , which would prohibit employers "from requiring an applicant or employee to provide access to private electronic accounts of the applicant or employee." As I've earlier noted, this bill has many problems . One of its...

Pennsylvania Law on Ownership of LinkedIn Accounts - COTW #136

The latest Case of the Week is the resolution of a case I've covered previously . The case is Eagle v. Morgan (memorandum with findings of fact and conclusions of law here) from the Eastern District of Pennsylvania federal court, applying Pennsylvania state law. You can read the Court's...

Instagram Post Lands Delaware Restaurant Manager In Hot Water

I've posted before about restaurant employees' Facebook posts that caused big headaches for their employers . I've also posted about trouble-causing Facebook posts by a saloon manager and by a tavern owner . Well, it seems that the trend has made it way to Delaware. As reported by...

Congress Blocks Proposed Ban on Requests for Employee Social Media Passwords

Last week, the U.S. House of Representatives passed the Cyber Intelligence Sharing and Protection Act , better known as CISPA. CISPA provides for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other...

Teacher Was "Just Venting" On Facebook

Teachers' use of social media is an ongoing problem across the country . Teachers are given little, if any, guidance about what is and is not appropriate online conduct . School districts, in turn, are left to decide the rules on an ad hoc basis . And uncertainty breeds disaster. Cases of...

New Law Makes Personal Social Media Accounts Off-Limits for Oregon Employers

Under current law, an Oregon employer may require employees and applicants to provide access to their personal social media accounts, but that is likely to change very soon. On May 16, 2013, Oregon Legislature passed House Bill 2654 ("HB 2654"), which would make it an unlawful employment...

Oil & Water; Cats & Dogs; Teachers & Facebook

It seems fitting that the school ends with another story about educators and Facebook. In this case, an elementary school principal who had been with the district for 21 years resigned rather than face demotion, due in part to her Facebook postings Some of the posts which the principal shared included...

More States Bar the Boss from Workers' Social Media Sites

by Rich Ehisen Amidst concern over employee privacy rights, a growing number of states have restricted the access of employers to their workers' and job applicants' social media accounts. As of May 22, six states this year have adopted such laws. Oregon Gov. John Kitzhaber (D) and...

When the Boss Speaks Out...

One of the great challenges for employers is to draft and to enforce policies dealing with communications and social media which actually achieve the desired result. The tension between enforcing a mother's admonition of not saying anything if there is nothing nice to say with the NLRB's broad...

The Real Impact of Social Media – What Every Company Can Learn From Financial Institutions

I had the pleasure of presenting The Real Impact of Social Media at the Arizona Bankers Association Annual Convention at the Ritz-Carlton, Dove Mountain . The Convention was jam packed with amazing roundtables, panels, presentations, and events . The AzBA counts over 70 banks and credit card operations...

Clearing Up Some Misconceptions on Social Media And Privacy

“Bosses force woman to show Facebook page to prove she's not lying,” reads this headline on the venerable technology website, CNET. According to the article, the New Zealand Employment Relations Authority has required a fired flight attendant to provide her ex-employer with access to...

New Jersey Employers May Not “Like” State’s New Social Media “Privacy Settings”

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on social media sites such as Facebook, Twitter, and YouTube. While, under the...

New Law Prohibits Employers in New Jersey From Forcing Workers to Provide User Names or Passwords for Their Social Media Accounts

On August 28, 2013, New Jersey Governor Chris Christie signed into law a statute, Pub. L. 2013, ch. 155 , prohibiting employers in New Jersey from requiring or requesting that employees or applicants for employment provide or disclose any user name or password for their social media accounts, such as...

Why Employers Should Love, Not Loathe, Social Media

Human resource professionals often cringe at employees’ use of social media. And for good reason. Employees have caused countless problems for their employers by publishing confidential information, attacking supervisors and co-workers, and all sorts public-relations nightmares. Admittedly, social...

The Legal Reason Why You Shouldn’t Force Employees to Turn Over Social Media Passwords

There has been a lot of ink spilled out on the supposed practice of employers requiring employees to provide access to their private social media accounts. I’ve long espoused both that this practice is not occurring with sufficient regularity to justify a legislative fix (despite New Jersey just...

11th Circuit Upholds Facebook Discipline of Police Officer

Here’s another Facebook-firing case to add to the “win” column for public-sector employers. [1] The plaintiff-police officer, Maria Gresham, posted comments on her Facebook page critical of another officer’s involvement in an arrest Gresham had made. Her Facebook page was “set...

Who Owns "Publicly Available" Social Media Content?

Who owns your LinkedIn connections? I’ve blogged about the ownership of social media content a few times already ( here , here , and here ) and I continue to believe that the real battle will be over connections made in the course of business. Are these connections your extended network that...

Another Facebook Firing Is Upheld

Employees in the private sector do not have free-speech rights in their employment, contrary to popular belief. Employees in the public sector, on the other hand, do have such rights, although they are not limitless. When it comes to First Amendment challenges to Facebook firings, employers continue...

Employees Who Social Network at Work for 20 Minutes Are Happier -- and No Less Productive

That social media policy of yours. The one in which you begrudgingly tolerate employee social media use on their own time and roadblock their efforts to use it at work. You may want to revise it. ASAP! Chad Brooks at Business News Daily reports here about a recent study by two members of the Society...

Read This Before You Access Your Employee’s Social Media Accounts

Susan Fredman Design Group employed Jill Maremont as its Director of Marketing, Public Relations, and E-Commerce. In that capacity, she used her own personal Twitter account and Facebook page to promote SFDG’s business. To keep track of the various social media campaigns she was conducting for...

EEOC Holds Public Meeting on Social Media in the Workplace #socialEEO

Yesterday, the EEOC held a public meeting on the use of social media in the workplace, and its impact on the enforcement of equal employment opportunity laws. The commission heard testimony that addressed issues such as recruitment and hiring, harassment, and discovery. According to EEOC Chair Jacqueline...

The EEOC and Social Media: Late to the Party?

The EEOC held a public meeting yesterday that examined how social media is being used in the work place and how it may impact the enforcement of the laws by the EEOC. Public hearings are rare; in the last two years, the Commission has held hearings on pregnant workers and workers with care giving responsibilities;...