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

Employers Finally Win NLRB Facebook Case

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...more

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

NLRB Finds Facebook Posts Go Too Far for the Act's Protection

As we reported previously, social media issues are troublesome for employers who must navigate unsettled or even conflicting federal and state laws and decisions. A recent ruling from the National Labor Relations Board...more

What Employers Don’t Know about Applicants Using Social Media Can’t Hurt Them.

An interview conducted earlier this year with Senior Trial Attorney Edward Loughlin of the Equal Employment Opportunity Commission (“EEOC”), who is charged with prosecuting employers for violations of Title VII, and the like,...more

NLRB Rules that Facebook “Likes” are Protected By Labor Law

One provision of the National Labor Relations Act (NLRA) states that employees are protected from any form of employer retaliation when they commit “concerted protected activity,” which essentially means any form of activity...more

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Oklahoma to Prohibit Employer Access to Private Social Media

On November 1, 2014, Oklahoma will join a number of other jurisdictions that prohibit employers from gaining access to passwords to employee or applicant social media accounts or from viewing non-public information maintained...more

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

NLRB Continues Aggressive Crackdown on Social Media Policies

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

Employers Are Not Going to "Like" This NLRB Decision on Social Media

The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work....more

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

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

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