Social Media Policy

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -
News & Analysis as of

New Montana Law Protects Employee Social Media Accounts

On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Retail and Fashion Law Trends: What’s ‘‘In’’ for 2015

The retail industry saw a number of significant developments in 2014, many of which were a long time in the making. As courts begin to consider new claims and legislation that arose last year, the industry needs to be aware...more

Vetting Employees via Social Media – Walking the Digital Tightrope

As Comedy Central is discovering with the new host of The Daily Show, Trevor Noah, failure to fully vet an employee’s social media activity can have unexpected consequences. At the same time, an employee’s social media...more

Employers beware: Montana and Virginia are the newest states to limit employers’ access to personal social media accounts bringing...

On April 8, the Montana legislature sent its new social media law to the Governor for signature and on March 23, Virginia passed legislation prohibiting an employer from requiring, requesting, or causing a current or...more

Social Media: Strategy and Implementation - Are you protected?

With more companies utilizing social media as a part of doing business, are you protecting yourself and your business from issues that can arise when implementing these strategies? Where do you stand legally when employees...more

Virginia Workplace Social Media Password Privacy Bill Signed

On March 23, 2015, Virginia Gov. Terry McAuliffe approved a social media password privacy bill (H.B. 2081) that limits employers access to employees’ and job applicants’ personal social media accounts....more

NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

Over the past several years, EmployNews has reported dozens of cases involving challenges by the National Labor Relations Board’s Office of the General Counsel to what appeared to be standard employee handbook provisions. In...more

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

2015 Employment Law Issues Tournament: Final Four Results and Recap

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you. I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep...more

Are You A Nasty Mother Fu*ker?

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

Do Your Company Policies & Procedures Stand up against the NLRB?

Many private businesses may be surprised to learn that the National Labor Relations Board (the “NLRB” or “Board”) can and will regulate policies and procedures that impact employees’ right to organize under Section 7 of the...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

Virginia’s Social Media Law Continues Growing Trend

Virginia is now the nineteenth state to provide increased social media protections to prospective and current employees, joining Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire,...more

Five Vital Questions on the Implications of UK Law on Social Media

Chevy Kelly: In your opinion, what are the top three legal risks that organizations in the United Kingdom face when engaging in social media? Sue McLean: Compliance with relevant advertising and marketing rules is a...more

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Keeping pace with social media in the workplace

Kate Hodgkiss, a Partner in our Edinburgh office, comments: In recent years, the social media phenomenon has continued apace and there is no doubt that it is now an integral part of a significant proportion of businesses in...more

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

Employer beware: NLRA rulings often conflict with existing employer policies

One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations...more

McDermott Predictions for 2015 on Employee Social Media Accounts

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted laws prohibiting employers from requesting access to their employees’ (or...more

Workplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media Policies That the NLRB Will Endorse

During our workplace privacy segment, our presenters, Mintz Levin attorneys Cynthia Larose and Richard Block, and Vice President, Deputy General Counsel of Time, Inc., Michelle Goldstein, addressed several issues that...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

The National Labor Relations Board: 2014 Year in Review - The NLRB's Expansion of Employee Rights Under the National Labor...

In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...more

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