Social Media Policy Social Media

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

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

New Virginia Law Restricts Employer Access to Employees’ Social Media Accounts

Add the Commonwealth of Virginia to the ever-growing list of states (now 19) that have enacted legislation to restrict an employer’s ability to seek access to current employees’ or job applicants’ social media accounts. ...more

Virginia Restricts an Employer's Ability to Require Access to Employees' Social Media Accounts

Effective July 1, 2015, Virginia will join the growing list of states (including Arkansas, Colorado, Illinois, Louisiana, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee,...more

Virginia & Montana Pass Employee Social Media Privacy Acts

Employers in Virginia and Montana that want to connect with their employees online may now have to wait for their employees to “like” them first, thanks to a pair of bills recently enacted. On March 23, Virginia Governor...more

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook....more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

New Montana Law Protects Employee Social Media Accounts

On April 23, 2015, Montana became the twentieth state to enact a law protecting employees from employer interference with personal social media accounts. The law, which takes effect immediately, prohibits employers from...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Retail and Fashion Law Trends: What’s ‘‘In’’ for 2015

The retail industry saw a number of significant developments in 2014, many of which were a long time in the making. As courts begin to consider new claims and legislation that arose last year, the industry needs to be aware...more

Vetting Employees via Social Media – Walking the Digital Tightrope

As Comedy Central is discovering with the new host of The Daily Show, Trevor Noah, failure to fully vet an employee’s social media activity can have unexpected consequences. At the same time, an employee’s social media...more

Employers beware: Montana and Virginia are the newest states to limit employers’ access to personal social media accounts bringing...

On April 8, the Montana legislature sent its new social media law to the Governor for signature and on March 23, Virginia passed legislation prohibiting an employer from requiring, requesting, or causing a current or...more

Social Media: Strategy and Implementation - Are you protected?

With more companies utilizing social media as a part of doing business, are you protecting yourself and your business from issues that can arise when implementing these strategies? Where do you stand legally when employees...more

Are You A Nasty Mother Fu*ker?

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

Five Vital Questions on the Implications of UK Law on Social Media

Chevy Kelly: In your opinion, what are the top three legal risks that organizations in the United Kingdom face when engaging in social media? Sue McLean: Compliance with relevant advertising and marketing rules is a...more

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

Keeping pace with social media in the workplace

Kate Hodgkiss, a Partner in our Edinburgh office, comments: In recent years, the social media phenomenon has continued apace and there is no doubt that it is now an integral part of a significant proportion of businesses in...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

McDermott Predictions for 2015 on Employee Social Media Accounts

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted laws prohibiting employers from requesting access to their employees’ (or...more

Workplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media Policies That the NLRB Will Endorse

During our workplace privacy segment, our presenters, Mintz Levin attorneys Cynthia Larose and Richard Block, and Vice President, Deputy General Counsel of Time, Inc., Michelle Goldstein, addressed several issues that...more

The National Labor Relations Board: 2014 Year in Review - The NLRB's Expansion of Employee Rights Under the National Labor...

In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...more

New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on...more

Employee Gripe Apps: Should Companies Be Concerned?

The Wall Street Journal recently published an article by Lindsay Gellman on a new app by Collectively that allows users to post anonymous reviews of and complaints about their employers. The app is cheekily called...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

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