LexisNexis® Legal Newsroom
Are Fewer Employers Checking Facebook Before Hiring?

The Society of Human Resources (SHRM), released the results of a recent s urvey about employers' use of social-media in the hiring process . The findings may surprise some. According to SHRM's survey, there are fewer employers using social-media sites to screen job applicants than there were...

Your Employees' "Private" Facebook Posts Are Not Private

What is this? A broken record? Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case. Today, we head south down 95, and then west to Franklin County...

Relax! Businesses Don't Want Employee Facebook Passwords

But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you , sucker. Come on! The sky isn't falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I'll set...

Employers Requesting Facebook Passwords - The Backlash

Last week, a widely circulated Associated Press article, Employers Ask Job Seekers for Facebook Passwords , generated a ton of controversy. The article includes stories of job interviewers requesting Facebook, and other social network, usernames and passwords - or, the slightly less intrusive practice...

Can We All Agree that Requiring Facebook Passwords Is a Bad Idea, and Move On?

A lot of ink has been recently spilled in both the popular media and the blawgosphere over the apparent trend of employers requiring job applicants to turn over their Facebook passwords as part of the hiring process. The coverage has been so thick and the outrage so great that United States Senators...

Facebook Passwords: The New Unlawful Surveillance of the Work Place

The subject of employer compelled disclosure of employee social media passwords has swept the blog and news worlds. Facebook has weighed in on the subject, and Senators Blumenthal and Schummer have asked the EEOC and the Department of Justice to investigate whether such demands violate current law. Jon...

Employers Who Demand Facebook Passwords. Oy Vey.

Employers who require job-seekers to turn over their Facebook passwords remain a mystery to me. Really, what are they thinking? As if the potential negative publicity alone is not enough of a deterrent, you'd think that employers would be aware that there are potential legal implications, as...

More States Consider Facebook-Privacy Legislation

Maryland was the first state to pass legislation prohibiting employers from requiring an employee or applicant to turn over his or her Facebook password or log-in information for other social-networking sites. On April 19, 2012, a similar law moved forward in the California state legislature...

New Federal Law Will Bar Employer Demands For Online Passwords

A few weeks ago, as reported here , Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords. Could a federal law be soon to follow? Rep. Eliot Engel (D-N.Y.) has introduced legislation...

Fed. Legislation, SNOPA, Would Prohibit Facebook Snooping

Employers who request an employee's or job applicant's Facebook password continue to face pushback in legislatures across the country. As I posted last week, several states have introduced bills that would prohibit this type of coerced Facebook access . These states are following Maryland's...

Social Media as "Speech"

Is a public-sector employee engaging in "speech" for purposes of the First Amendment when he "likes" a post on Facebook? A recent decision from the Eastern District of Virginia concludes that the answer is "no." In Bland v. Roberts (E.D. Va. Apr. 42, 2012), the court...

Facebook-Privacy Laws: Update

Legislation, both state and federal, prohibiting employers from requesting an employee's or applicant's password continues to make progress. In Particular, the pending bills in California and New Jersey passed to the next level of their respective legislatures yesterday. The first two federal...

Do employees have protected privacy rights in Facebook postings?

John and Mary are co-workers. They are also Facebook friends. And both John and Mary have adjusted their respective Facebook privacy settings such that only Facebook friends can view what they post online from their individual accounts. Consequently, John and Mary can view each other's Facebook posts...

Access to a Party’s Facebook Account During Discovery

As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly when the issue is complicated or novel or the law...

Breaking stupid: A hella-dumb Facebook invasion-of-privacy claim

From the state that just loves our sloppy seconds -- out-of-work wide receiver who cries about a fumbling quarterback say, "What. It's unfair. That's my quarterback." -- comes this case about a Facebooking emergency medical technician from Texas. To protect the innocent -- in the...

Discovery of Plaintiff's Social-Networking Profile

An employer facing litigation brought by a current or former employee often has good reason to seek discovery of the plaintiff-employee's Facebook posts. For example, an employee who alleges that she was subject to an unlawful hostile work environment in violation of Title VII must show not only...

Naked Twister, Orgies, and Facebook - COTW #105

Ah yes: naked twister, orgies, and Facebook . . . just another Case of the Week! In Targonski v. City of Oakridge , the plaintiff brought a number of workplace discrimination claims, including a sexual harassment hostile work environment claim. Her claim started off pretty well. She alleged that co-workers...

Yo, Boss! Did you say "Spacebook" and "Tweeter"?

Penn State Kicker Sam Ficken probably had a pretty bad week. Last Saturday, he missed one extra point and four field goals in Penn State's 17-16 loss to Virginia. After the game, he was deluged with online insults. Thankfully, his coach, Bill O'Brien, came to his defense. Obviously, I think...

Some social media stats to chew on

Last week, Facebook announced that there are more than 1 billion people using Facebook actively each month . Think about that number for a second. It means that 1 out of every 7 people on Earth are active on Facebook. When you consider the vastness of our planet and the diversity of its social-economics...

Everything's bigger in Texas. Even the Facebook stupidity.

A Texas court held earlier this month that an employer lawfully fired a paramedic who posted on the Facebook page of a co-worker that she wanted to slap a patient. But, the plaintiff's rant isn't the worst of it. When warned by a co-worker that the plaintiff's Facebook post was accessible...

NLRB Announces Case Statistics for Fiscal Yeal 2012

On October 16, 2012, the National Labor Relations Board announced that in the fiscal year just ended on September 30, 2012, it had issued 341 decisions in contested cases. Of that total, 277 were unfair labor practice cases and 64 were representation cases. It also stated that the median age of pending...

Employees Must Turn Over Facebook Info For Harassment Claim

The discoverability of social-media evidence is far from a settled question. Many of the few cases that have addressed the question are employment claims. And the latest such decision is no exception. In EEOC v. Original Honeybaked Ham Company of Georgia, Inc. , No. 11-02560-MSK_MEH (D. Col. Nov. 7,...

California Enacts Law Limiting Employers' Access to Employees' Social Media: What Employers Need to Know to Avoid the Minefields

Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844 , which prohibits employers from requiring (or requesting) employees or applicants to divulge...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...