News & Analysis as of September 23, 2024

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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 -

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Social Media Employee Privacy Laws – The New Majority Approach?

McGuireWoods LLP on 9/29/2015

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Maine joins the mainstream with new social media law

Robinson+Cole Data Privacy + Security Insider on 8/14/2015

Joining more than 20 other states, and many of its sister states in the Northeast, Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media...more

Hack Attack?

Gray Reed on 6/23/2015

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Littler on 6/18/2015

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

Littler on 5/28/2015

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Proskauer - Law and the Workplace on 5/27/2015

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

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

Williams Mullen on 5/13/2015

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

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

Bradley Arant Boult Cummings LLP on 1/6/2015

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2014

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

Special Report: Social Media Roundup

Proskauer Rose LLP on 8/14/2014

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

Status Updates - June 2014

Morrison & Foerster LLP - Social Media on 6/11/2014

..The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook...more

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Littler on 6/11/2014

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

Social media restrictions on employers passes Oklahoma House

McAfee & Taft on 2/19/2014

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

Top New Jersey Legal Developments - January 2014

Proskauer Rose LLP on 1/13/2014

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

New Jersey Employers May Not "Like" State's New Social Media "Privacy Settings"

Sheppard Mullin Richter & Hampton LLP on 9/13/2013

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

Saul Ewing Arnstein & Lehr LLP on 9/10/2013

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

Troutman Pepper on 9/9/2013

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

Mintz on 9/9/2013

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

Legal Alert: New Jersey Governor Signs Social Media And Gender Parity Laws

FordHarrison on 9/6/2013

On August 29, 2013, New Jersey Governor Chris Christie signed into law two pieces of legislation that will have a significant impact on employers. A-2878, the "Facebook bill," prohibits employers from requiring or requesting...more

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

Littler on 9/5/2013

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

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