Social Media Policy Employee Rights

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

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

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

More States Restrict Employers’ Access to Employees’ Social Media Accounts

As first discussed in McDermott Will & Emery’s Privacy and Data Protection 2013 Year In Review, state legislatures are enacting laws limiting employers’ ability to access the social media accounts of their employees. Thus...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

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

Goodbye Precedent, Hello Forced Speech?

The NLRB continues to push for a share of the employment law spotlight. It also continues to act in a way that shows why its “precedent” is truly only “precedent” when the political winds don’t change. ...more

Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,...more

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the...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

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

New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes...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

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...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

Social Networking Password Laws In Effect For The New Year

Two new laws governing the ability of school authorities to obtain passwords to and information from personal social networking websites of employees and students go into effect on January 1, 2014. The definition of social...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

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 Adds New Employee-Protection Laws

New bills signed by Governor Chris Christie include important measures for employers relating to social media and pay equity, but many questions remain. On August 29, New Jersey Governor Chris Christie signed into law...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

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