Recently, Proskauer Rose published the results of its
second survey covering social media in the workplace. Social Media in the Workplace Around the World 2.0 [pdf]
questioned 250 multinational businesses on their social media policies and
percent of businesses...
Of course she does.
What does the Complaint say? And what can
employers take away from it?
In her Complaint (copy here ),
the (former) school-bus driver claims that, after her shift ended, she
privately messaged a student -- someone who never rode her bus -- on Facebook.
This student was supposedly...
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...
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...
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...
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...
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...
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
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.
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...
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...
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...
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...
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...
“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...
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...
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...
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...
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...
Here’s another Facebook-firing case to add to the “win” column for public-sector employers.  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 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...
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...