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Social Media Policy › Facebook

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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News & Analysis as of May 19, 2013

McNees Wallace & Nurick LLC

Facebook Discussion About "Street People" Protected

by Adam Santucci | McNees Wallace & Nurick LLC on 5/15/2013

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

Fuerst Ittleman David & Joseph, PL

FDA Issues Two Warning Letters for Social Media Use: FDA Does Not Approve of “Liking” Consumer Claims and Targets Website Search...

by Fuerst Ittleman David & Joseph, PL on 4/29/2013

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

Gilbert LLP

Social Media in Litigation

by Barry I. Buchman, Michelle Price | Gilbert LLP on 4/18/2013

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

Proskauer - Privacy & Data Security

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

by Cecile Martin | Proskauer - Privacy & Data Security on 4/17/2013

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

Pullman & Comley, LLC

Workplace Issues Now Grow on “Vines”; Why Employers Need a Policy More Than Ever

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/16/2013

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

Akerman Senterfitt

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

by Eric Gordon | Akerman Senterfitt on 3/21/2013

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

Morrison Foerster - Social Media

More Trouble With Work-Related Social Media Accounts

by John Delaney, Jesse Soslow | Morrison Foerster - Social Media on 3/20/2013

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

Pillsbury Social Media, Entertainment &...

National Labor Relations Board on Employer Social Media Policies

by Ian Schick Ph.D. | Pillsbury Social Media, Entertainment &... on 3/14/2013

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

Nossaman LLP

Social Networking Contacts Could Be Trade Secrets

by Eunice Majam-Simpson, Janice Mock | Nossaman LLP on 3/13/2013

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

McAfee & Taft

McAfee & Taft tIPsheet - March 2013: Monitoring employees’ use of company trademarks in social media

by Jessica John Bowman | McAfee & Taft on 3/6/2013

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

Fenwick & West LLP

Social Media Policies And The NLRB: What Employers Need To Know

by Sheeva J. Ghassemi-Vanni, Saundra Riley, Michael A. Sands | Fenwick & West LLP on 3/4/2013

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

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - 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

Morrison Foerster - Social Media

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

by Amanda Bakale, Tiffany Cheung, Jacob Michael Kaufman, J. Alexander Lawrence, Christine E. Lyon, Julie O'Neill, Matthew R Galeotti, Jesse Soslow | Morrison Foerster - Social Media on 2/1/2013

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

XpertHR - Partnered with LexisNexis

Employers Can Discipline Employees For Certain Social Media Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

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

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

by Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 1/24/2013

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

Cozen O'Connor

Sign Of The 'Times' - It's Still The Rage

by Michael Schmidt | Cozen O'Connor on 1/22/2013

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

Jeff Ifrah

NLRB: Use of Social Media Can Be Protected Employee Activity

by Jeff Ifrah on 1/22/2013

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

Fisher & Phillips LLP

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

by James McDonald Jr. | Fisher & Phillips LLP on 1/12/2013

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

Pierce Atwood LLP

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

by Katherine Rand | Pierce Atwood LLP on 1/10/2013

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

Proskauer - Privacy & Data Security

5 Best Practices for Employers Addressing Social Media Use in the Workplace

by Cecile Martin | Proskauer - Privacy & Data Security on 1/7/2013

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

Mintz Levin - Privacy & Security

Second of a series: Privacy and Security Issues for 2013

by Mintz Levin - Privacy & Security on 1/5/2013

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

Lawyers.com

You Can’t Be Fired for Discussing Your Job on Facebook

by Michele Bowman | Lawyers.com on 1/4/2013

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

Foley Hoag LLP

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

by Lyndsey Kruzer, Michael L. Rosen | Foley Hoag LLP on 1/2/2013

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

Ballard Spahr LLP

NLRB Sides with Employees Fired over Facebook Posts

by William K. Kennedy II, Michelle M. McGeogh | Ballard Spahr LLP on 12/29/2012

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

Proskauer - Labor Relations

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

by Mark Theodore | Proskauer - Labor Relations on 12/28/2012

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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