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

Mingling Employee Smartphone and Company Work Product Can be Dangerous

Many people will receive new smartphones as presents this month. Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone....more

NAVEX Global’s Most Popular Ethics & Compliance Matters Articles from 2014

This year, we relaunched our blog with the goal of better serving the ethics and compliance community, providing deeper insights on topics that matter most to E&C professionals, as well as best practices and practical steps...more

The Cost of Poor Social Media Compliance Training? $3.5 Million

Did you know that a company loses an average of $3.5 million from one social media incident? Here is the breakdown: direct financial costs ($641K), reputation damage ($638K), lost revenue ($619K), reduction in stock price...more

New Laws and Court Decisions Should Prompt Review of Employee Handbooks for Most Employers

Handbooks in light of several recent legislative actions and judicial decisions. Employers should generally review and update Employee Handbooks as necessary on a yearly basis, but numerous changes will be necessary for most...more

Top 12 Legal Mistakes Made by Startup Breweries and Distilleries

Undertaking any entrepreneurial endeavor can be a daunting task. It can get very complicated when doing so in a highly regulated environment, such as the one that governs the manufacture and sale of alcohol related products....more

Teach Appropriate Speech - Or risk liability for employees' derogatory on-line comments about customers

Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz -...more

Student Health & Safety and Discipline Related Legislative Changes

This update of student health & safety and discipline related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws...more

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...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

Social Media Policies Revisited: The Facebook “Like” As Protected Activity

The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on...more

Businesses Encouraged to Adopt Social Media Policies

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment....more

Board Continues Aggressive Policing of Employee Social Media Use

Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....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

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

2014-15 Compliance Developments & Calendar for Private Fund Advisers

Introduction - Registered investment advisers are required to review their policies and procedures on at least an annual basis. As aid to the required review, below is a summary of material developments during the past...more

Firing Employees for Critical Facebook Comments May Be Unlawful

Employers can sometimes lawfully fire employees for posting critical comments about their jobs on social media, even if employees post the comments on their own time and on their own equipment. However, that's not always the...more

12 Trends in Employment Discrimination Litigation: Proactive Employers See Fewer Claims

Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends...more

Got an Outdated Employee Handbook? Update Now!

What Employer doesn’t have an Employee Handbook with the requisite at-will language to defeat implied contract claims? So 1990’s. It’s 2014… Time to Update these HOT Employment Areas...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

You Don’t Own Me—Is it Employer or Employee Social Media Content?

Many employers have implemented employment contracts and policies that specifically provide that the employer owns all developments, technological or otherwise, by employees during their employment. But what happens when...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

Rhode Island Enacts Employee Social Media Privacy Legislation

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

NLRB “Unfriends” Employer Over Facebook “Like”

On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...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

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