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

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Addressing Post-Election Tensions in the Workplace

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Smartphone blunders in the workplace

In a world where smart phones and apps are evolving faster than you have time to update them, it’s important to take a moment to reflect on the potential for inadvertent disclosure and self-sabotage in the workplace....more

NLRB Continues to Click “Dislike” on Social Media Policies

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

Even Non-Union Employers Must Consider the National Labor Relations Act When Drafting Social Media Policies

While employers should enact social media policies to protect trade secrets and prevent employees from defaming the employer, employers must ensure the policies do not violate the National Labor Relations Act (“Act”). Even...more

Why after-hours social media posts can still spell on-the-job trouble

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

What’s Good for the Goose…

Over the past few years, the National Labor Relations Board (NLRB) has taken issue with employers that discipline employees over Facebook and other social media postings. The NLRB allows employees to discuss wages and other...more

South Africa Newsletter - September 2016

South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing...more

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more

Social Media Policy Checklist

A social media policy or a set of guidelines helps your employees make smarter decisions when marketing your brand, products and services online and may mitigate the risk of coming under the radar of the FTC or another...more

CMS Warns Against Social Media Postings Involving Nursing Facility Residents

In an August 5, 2016, Survey and Certification memorandum to state Survey Agency Directors, the Centers for Medicare and Medicaid Services (CMS) directs surveyors of nursing facilities on matters relating to the use of social...more

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

On August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act...more

Is this the first shot in the SEC’s war against social media?

The SEC has repeatedly included issues around social media in its annual exam priorities for investment advisers. With the SEC’s recent release of a final rule on the subject, the SEC has taken that “exam priority” to the...more

"Privacy & Cybersecurity Update - August 2016"

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for...more

Employer Handbook Policies Violate the National Labor Relations Act

As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more

NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential,...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Still At The Starting Line With Your Social Media Efforts?

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of...more

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Nursing Facilities to Face Surveyors’ Review of Photo and Video Policies

The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and...more

Social Media and the FMLA

Imagine for a moment: you are the administrator for a skilled nursing facility and your activities director has just informed you of a need to take FMLA leave for shoulder surgery. You grant the FMLA request and your...more

Five Tips for Handling Pokémon Go in the Workplace

In the past several weeks, Pokémon Go has taken the world, and many workplaces, by storm. If you’re concerned about reducing the negative impact that this game may be having on your employees’ productivity – and, more...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

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