Employee Rights Social Media

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

Week in Review

We hope you had a happy 4th of July weekend! Last week’s news included more employees making headlines for their misuse of social media. The links below highlight three cases in which employees’ social media activity or...more

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating...more

Federal ALJ Says Social Media Policy Cannot Require Employees to State That Their Opinions Are Not Those of the Company

In recent years, the National Labor Relations Board has attacked a range of employer social media policies that sought to restrict employees’ complaints or disparaging remarks about their employers. The NLRB contends that...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

NLRB Gets #SocialMedia: Board and ALJ Rulings Recap

‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...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

The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour....more

Employers Should Be Cautious Before Searching Social Media Sites For Information About Prospective Employees

The ability to obtain information about a prospective employee on social media is hard to resist. With the explosion of social media sites and other information on the Internet, employers have a vast array of information...more

Oregon Restricts Employers' Access to Private Social Media Accounts

Oregon recently joined numerous states in prohibiting employers from seeking access to employees’ or prospective employees’ private social-media accounts, personal email, and other online content....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

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

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

New Jersey Social Media Privacy Bill Becomes Law

On August 29, 2013, a more limited social media privacy bill (A2878), adopting the common sense conditions set forth in Governor Chris Christie’s previous conditional veto, was enacted. The new law, effective December 1,...more

Court Finds the Simple Click of a Facebook “Like” Button Is Protected Speech

Last week, the U.S. Court of Appeals for the Fourth Circuit ruled that Facebook “likes” are a form of speech entitled to First Amendment protection. While this ruling has no direct impact on private employers in New York, the...more

Nevada Latest State To Limit Employer Access To Employee Social Media Accounts

Nevada has become the eleventh state in the nation to enact a law restricting employer access to employee social media accounts. Beginning October 1, 2013, it will be illegal for Nevada employers to require or request that an...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

Post Summer 2 of 5 - The Rush To Step Back on Facebook Demand Laws

Yesterday began this series of five posts to highlight five developments from this past summer in the area of social media and employment law....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 Social Media Privacy Bill Signed Into Law

On Thursday, August 29, 2013, New Jersey’s Governor Christopher Christie signed bill A-2878 into law. This law places New Jersey in line with the growing trend of states restricting employers’ ability to require job...more

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