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... 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."
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Social Media Workplace Policies
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In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more
In 2009, the U.S. Food and Drug Administration (FDA) announced that it intended to release a guidance document explaining how it will regulate industry’s use of social media to advertise products or communicate with...more
The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more
Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more
As I said in an earlier post, I’ll be speaking about Social Media and the Workplace, as part of WESFACCA’s “Day of Privacy” presentation later this week. ...more
Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more
We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have...more
As use of social media continues to increase, so do concerns by employers regarding employee use of social media as it relates to the workplace. In response, many employers are drafting new or revised policies covering use of...more
Like it or not, Facebook, LinkedIn, Twitter, and other social media is playing a larger role in our everyday business lives. Nowadays, many companies are using social networking to maintain their client list and further...more
If you’re an employer, chances are good that you employ some of the 1.06 billion individuals who regularly use Facebook®, as well as some of the millions who regularly post to other popular social media websites. And, whether...more
Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more
Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more
A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more
The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more
Wow. Front page of the New York Times Business Section. This stuff must be important.
Steven Greenhouse authored a piece in yesterday’s Times, in which he summarizes the lay of the land with social media and the...more
The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted...more
The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more
Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more
For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more
Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013. Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the...more
Employers can punish or fire employees for doing a lot of things, but they can’t fire you for talking about working conditions at your job on Facebook.
The National Labor Relations Board on Dec. 14 said Hispanics...more
The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more
In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more
Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more
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