Social Media Policy

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 25, 2013

Washington State Joins Trend of New Social Media Laws

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 5/23/2013

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

NLRB Continues To Scrutinize Social Media Policies And Activities

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/20/2013

Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more

Whose Social Media Account Is It, Anyway?

by Odia Kagan | Pepper Hamilton LLP on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

SEC Issues Guidance on Disclosures Made via Social Media

by David Garcia, Michael Meskill | Jackson Walker on 5/16/2013

The Securities and Exchange Commission (the "SEC") recently issued a Report of Investigation (the "Report") in which it provides helpful guidance to public companies regarding their use of social media to disclose material...more

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On April 19, 2013, an administrative law judge (ALJ) struck down an employer's policies concerning employees' use of non-work email and media as violating Sections 7 and 8(a)(1) of the National Labor Relations Act (NLRA)....more

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

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

NJ Gov. Vetoes Employer Facebook Password Request Ban

by Aaron Kase | Lawyers.com on 5/10/2013

New Jersey Gov. Chris Christie on Thursday vetoed a law passed by the legislature that would ban employers from asking for the social media passwords of workers and applicants. Christie said that he would sign the bill if it...more

Social Media: “Friend” or “Foe”? Worksmart Presentation Upcoming

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/10/2013

“Is social media a good thing?” That question is typically on the minds of people who don’t use it for personal or business reasons. ...more

CFTC To Address Problems Of Dealing With Evolving Technology Sphere

by Felix Shipkevich | Shipkevich PLLC on 5/1/2013

Despite the fact that The Commodity Futures Trading Commission (CFTC) has spent years working on plans to adapt to the technological revolution that is changing the investing sphere, the disconnect between the agency and...more

NLRB Outlines Employers' Social Media Policy Dos and Don'ts

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 4/30/2013

The National Labor Relations Board (NLRB) has become active in scrutinizing and striking down employers’ social media policies. Three times in the last year, the NLRB issued Operations Management Memoranda providing employers...more

SEC OKs Social Media for Company Announcements; Investors Must be Alerted

by Loeb & Loeb LLP on 4/29/2013

The Securities and Exchange Commission has issued a report concluding that social media, such as Facebook and Twitter, may constitute legitimate means for a reporting company to make public announcements in compliance with...more

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

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

Fenwick Employment Brief: Employee Social Media Account Ownership Still Uncertain

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/18/2013

Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court recently shed more light on...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

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

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

Cyber Crimes – When LOL Leads to OMG

by Law Offices of Adrian H. Altshuler &... on 4/12/2013

As much as we may hate to admit it, many of us have an Internet addiction. Whether through Facebook, Twitter, MySpace, or LinkedIn, there are endless ways to stay in contact with others, share our thoughts and ideas, and find...more

Great News! But Don’t Tweet It, Yet

by Greentarget on 4/12/2013

The Securities and Exchange Commission gave the green light last week for companies to share material, nonpublic information with investors over social media – as long as companies disclose beforehand which specific channels...more

Should You Fire Employees Who Use (or Misuse, However Defined) Social Media?

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/9/2013

A few days ago, The New York Times, ran a series of short essays from people on its “Room for Debate” page. The question it posed? “Should employers get tough with strict policies about social media activity, so that...more

BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination...

by Norman Antin, Mark Goldschmidt, Jeffrey Haas, Kevin Houlihan, Joseph Passaic, Jonathan Pavony, David Teeples | Patton Boggs LLP on 4/5/2013

On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions. ...more

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