Employee Rights Social Media Policy

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
News & Analysis as of

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the...more

Social media restrictions on employers passes Oklahoma House

In 2014, at least 25 states have legislation pending which would limit an employer from accessing personal social media. Last week Oklahoma joined that list....more

Latest NLRB Developments Regarding Social Media Policies

Social media on the Internet have become enormously popular in recent years as more and more people log on to chat, blog and post updates on an infinite variety of topics. In response to this phenomenon, many companies have...more

New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

Week in Review - January 3, 2014

Another new year has arrived. Perhaps you have promised to make it a year of getting organized, getting fit, or giving more to charity. On the technology front, social media is promising to make it a year of evolving...more

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...more

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

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...more

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

New Jersey’s New Social Media Privacy Law: Balancing Employee Rights And Employer Protections

New Jersey has now joined the growing list of jurisdictions seeking to regulate the extent to which employers can monitor their workers’ social media presence. Currently, eleven other states – Arkansas, California, Colorado,...more

Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin [Video]

Mitch Danzig, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the importance of having a social media policy that is structured in accordance with the recent NLRB rulings. ...more

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more

New Jersey Adds New Employee-Protection Laws

New bills signed by Governor Chris Christie include important measures for employers relating to social media and pay equity, but many questions remain. On August 29, New Jersey Governor Chris Christie signed into law...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

#ThouShaltNotEvenAsk: Jersey Joins Growing Number of States that Prohibit Employers from Seeking Personal Social Media Information

On August 29, 2013, New Jersey became the ninth State this year, and the twelfth State overall, to enact legislation prohibiting employers from seeking any personal social media account information from current or prospective...more

New Jersey Court’s Decision Provides Roadmap For Access To Employees’ Restricted Social Media Content

With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more

New Nevada Employment Law Developments Affect Social Media, Overtime

There have been several notable and recent developments in Nevada employment law both through enacted legislation and advisory opinions issued by the Nevada Labor Commissioner. Specifically, the legislature has passed a law...more

Illinois Amends Social Media Law Enacted Just Last Year

On August 1, 2012, Illinois became only the second state (after Maryland) to restrict employer access to an applicant's or employee's social media account....more

Labor & Employment E-Note - August 15, 2013

In This Issue: - NLRB Rulings in Limbo as High Court Reviews Recess Appointments - New Labor Board Members Likely to Help Employers with Disputes - NLRB Says Social Media Restrictions Could Violate Labor Law -...more

Don’t “friend me”: More State Law Limitations on Accessing Employee Social Media Sites

Effective July 28, 2013, Washington became the eleventh state to have a law prohibiting employers from, among other things, asking its personnel for the user names and passwords to employee social media accounts....more

No Photographs, Please

A recently-surfaced Advice Memorandum from the National Labor Board’s (NLRB’s) Office of the General Counsel opined that an employer social media policy prohibiting employees from photographing or video recording the...more

Employer’s Social Media Ban on Photographs, Video Is Unlawful, According to NLRB

The National Labor Relations Board (NLRB) continues its scrutiny of social media policies....more

How Employers Should Address the Growing Use of Social Media [Video]

Spilman Member Eric E. Kinder discusses the growing and evolving issues that surround social media in the workplace. The video is an intro to a white paper that discusses employee rights and social media, risks associated...more

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